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218 N.C. 775

12 S.E.2d 649

Smith v. . Mears

Supreme Court of North Carolina

Decided January 8, 1941

Supreme Court of North Carolina · decided 1941-01-08

Good law ✅— No negative treatment on recordhow we know

Decided 1941-01-08

How this case has been cited

Cited by 12 later decisions — most recently November 1976

2 federal appellate · 1 district · 9 state decisions

701941195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Stacy, C. J.

¶1 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.”

¶2 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.

¶3 Petition allowed in part.

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