Legal Opinion

Grantham v. . Jinnette

Supreme Court of North Carolina

Decided March 28, 1919Published

Appeal by defendants from Daniels, J., at November Term, 1918, of WayNE. Tbe plaintiffs have brought an action to recover the property in question from the defendants, who are in possession, and the University of the State has intervened and been made a party by order of court. From a judgment for the plaintiffs the defendants and the intervenor appealed.

1Opinion of the Court

*230Clark, C. J.

The case turns upon the construction of the following-clauses of the will of Haywood Bizzell:

“Item 3. I give and bequeath to my beloved wife, Elizabeth, for the term of her life, all the balance of my real estate, all personal property of every kind of which I shall die seized or possessed.”
“Item 5. After her death, I desire that all property, real and personal, left by her under Item 3 of this will shall be sold publicly or .privately, as he (the executor) shall think best, and the proceeds shall be divided among my legal heirs, subject to the following bequests.”

The following…

2Cases cited13 opinions

  1. In Re the Accounting of CraneNew York Court of Appeals · 1900
  2. Bisson v. . W.S.R.R. Co.New York Court of Appeals · 1894
  3. Bowen v. Hackney.Supreme Court of North Carolina · 1904
  4. Latham v. Lumber Co.Supreme Court of North Carolina · 1905
  5. Forrest v. PorchTennessee Supreme Court · 1898

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