Clark v. Atkins
Supreme Court of North Carolina
Civil ActioN tried at January Term, 1884, of Wake Superior Court, before Shepherd, J. The plaintiff executors, Walter Clark and R. H. Battle,, brought this action to obtain a construction of the will of their testatrix, Eleanor H. Swain. The complaint states: 1. That in the month' of February, 1883, the testatrix died in. the county of Wake, leaving a last will and testament of which the following is a "copy: “Raleigh, N. C., January 8th, 1883. “ I, Eleanor IT.
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Civil ActioN tried at January Term, 1884, of Wake Superior Court, before Shepherd, J. The plaintiff executors, Walter Clark and R. H. Battle,, brought this action to obtain a construction of the will of their testatrix, Eleanor H. Swain. The complaint states: 1. That in the month' of February, 1883, the testatrix died in. the county of Wake, leaving a last will and testament of which the following is a "copy: “Raleigh, N. C., January 8th, 1883. “ I, Eleanor IT. Swain, of the city of Raleigh, and state of" North Carolina, do make and publish this my last will and testament, hereby revoking all…
1Opinion of the CourtAshe, J.
There is no error, in our opinion, in the construction given by His Honor upon the second item of the will, except as to the state and railroad bonds.
The second item reads: Bank stock in Citizens national bank of Raleigh and in Merchants’ and Farmers’ national bank of Charlotte, with the remaining debt still due from the Kimberly estate in Buncombe county, “I leave to be equally divided between the children of my deceased daughter E. H. Atkins, receiving the interest only, until after each becoming of age.”
The testatrix owned at the time of her death one thousand dollars, to her credit in the…
2Cases cited2 opinions
- Lassiter v. . Wood .Supreme Court of North Carolina · 1869
- Barbara Alexander v. . Peter A. SummeySupreme Court of North Carolina · 1872
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