Williams v. Sharber

Supreme Court of North Carolina September 21, 1955

Williams v. Sharber, 242 N.C. 609 (N.C. 1955)

89 S.E.2d 238; 1955 N.C. LEXIS 643

Consideration, Higgins, Took, Winborne

Opinion of the Court

Per Curiam.

All of testator’s land was devised to his wife and her two children by Item First except “that part of the same in wood on the south end of same from my back gate that is next to Milton Eason heirs.” The court, upon competent evidence, found that the land specifically excepted from this devise does not embrace the 2.4 acres but is a different portion of testator’s 42.7 acre tract. These findings, which are conclusive, control decision. The judgment predicated thereon is

Affirmed.

WiNBORNE and HiggiNS, JJ., took no part in the consideration or decision of this case.

Reference

Full Case Name: MATILDA RIDDICK WILLIAMS, MARTHA RIDDICK HUNTER, and WILL RIDDICK, Heirs, Same Being MAVIN RIDDICK, BEATRICE WILLIAMS, MARTHA JANE WILLIAMS and EMMA GRIFFIN, Heirs CHRISTINA DURHAM, EULA ROACH, DOROTHY McDANIEL, RUTH ......, and GERTRUDE WHITE, Heirs Which Are DAVID LEE WHITE, ALEXANDER MAE WHITE, JOE LOUIS WHITE, ARTHUR LEE WHITE, EMMA WHITE, and SAM WHITE KINNEY RIDDICK, Heirs, and C. L. GRIFFIN v. W. D. SHARBER
Status: Published