Smith v. Gilmer
Cases that cite this one
6 later published cases cite this decision.
- Brown v. . McLean (N.C. 1940)
- Turner v. Washington Realty Co. (S.C. 1925)
- Chemical Co. v. . Walston (N.C. 1924)
- Virginia-Carolina Chemical Co. v. Walston (N.C. 1924)
- Ruffin v. . Cox (N.C. 1874)
- Creecy v. . Pearce, Adm'r . (N.C. 1873)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We are of opinion that none of the legacies in the will of Eli Smith are a charge upon the land devised to William E. Smith, except the legacy of $1,500 to William M. Gilmer, contained in the 6th item of the will. This is clearly a charge upon the land, and the devisee took the -same cum onere, immediately upon the death of the testator: Doe v. Woods, Bus. 290.
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.