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7 North Carolina opinions name it 2 courts 1882–2012 0 in the last five years
The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ireland v. . Foustgreen2 sentences2012See Ireland v. Foust, 56 N.C. 498, 501 (1857)(“The presumption is that every one who makes a will intends to dispose of his whole estate, and one purpose of a general residuary clause is to dispose of such things as may have been forgotten or overlooked, or may be unknown.”). 1925“The presumption is that every one who makes a will intends to dispose of his whole estate, and one purpose of a general residuary clause is to dispose of such things as may have been forgotten or overlooked, or may be unknown.” Pearson, J., in Ireland v. Foust, 56 N. C., 498 . | 1 | 2 |
Howell v. . Mehegangreen2 sentences1985Misenheimer (Emphases added.) As this Court stated in Howell v. Mehegan, 174 N.C. 64, 67 , 93 S.E. 438, 440 (1917), “no contrary intent appearing [in the will], a void or lapsed legacy or devise passes under a general residuary clause . . . .” Isam Misenheimer did not indicate any intent that a lapsed share would pass otherwise than through the will’s residuary clause. 1985Misenheimer (Emphases added.) As this Court stated in Howell v. Mehegan, 174 N.C. 64, 67 , 93 S.E. 438, 440 (1917), “no contrary intent appearing [in the will], a void or lapsed legacy or devise passes under a general residuary clause . . . .” Isam Misenheimer did not indicate any intent that a lapsed share would pass otherwise than through the will’s residuary clause. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Reid v. . Neal
green
2 sentences1929Reid v. Neal, 182 N. C., 192 , 108 S. E., 769 . 1929Reid v. Neal, 182 N. C., 192 , 108 S. E., 769 . | 1 | 1929–1929 |
Given v. Hilton
green
2 sentences1925For a helpful discussion of the subject, containing many arguments in support of the conclusion here reached, see opinion of Mr. Justice Strong in Given v. Hilton, 95 U. S., 591 , 24 L. 1925For a helpful discussion of the subject, containing many arguments in support of the conclusion here reached, see opinion of Mr. Justice Strong in Given v. Hilton, 95 U. S., 591 , 24 L. | 1 | 1925–1925 |
Conyers v. Bowen
neutral
1 sentence1917They are as clearly excluded from it as if the testator had specially excepted them by name.” The ease of Hughes v. Allen, 31 Ga., 382 , is a leading authority in which the testator bequeathed certain slaves, and the bequest was held to be void. | 1 | 1917–1917 |
Kerr v. . Dougherty
green
1 sentence1908The same doctrine, as we have stated, is recognized in the learned and exhaustive opinion of the Court in Kerr v. Dougherty, 79 N. Y., 327 , where it is said: “The general rule is that in a will of personal property the general residuary clause carries whatever is not otherwise legally disposed of. | 1 | 1908–1908 |
Sholl v. Sholl
neutral
1 sentence1882In the case of Sholl v. Sholl, 5 Barb., 312 , cited in 2 Redfield on Wills, 133, to which reference was made by counsel, the supreme court of New York held, that a specific bequest of one’s indebtedness to the testator was not such a legacy as to entitle the debtor to share with other legatees in a contingent residuary fund. | 1 | 1882–1882 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.