Smith v. . Mears
Cases that cite this one
2 later published cases cite this decision.
- Wachovia Bank & Trust Co. v. Board of National Missions of Presbyterian Church in United States (N.C. 1946)
- Williams v. . Rand (N.C. 1943)
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
Tbe plaintiffs petition to rebear was allowed in part in order that tbe Court might reconsider tbe following paragraph in the original opinion:
“It is stated in appellant’s brief that Martha Webster McLeod, under the will of her brother, J ay J. Mears, acquired a one-fourth interest in all the property which he received from his father, and that this is erroneously stated in the judgment to be a one-sixteenth interest. The inadvertence is apparently conceded as the matter is not mentioned in the other briefs.”
Martha Webster McLeod now concedes that in view of the interpretation placed upon the will of G. Augustus Mears, she takes no additional interest in the several properties under the will of Jay J. Mears. Hence, the paragraph above quoted will be deleted from the opinion.
Petition allowed in part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.