67 N.C. 252
Supreme Court of North Carolina
Decided June 5, 1872
Supreme Court of North Carolina · decided 1872-06-05
Action to recover possession of land, tried before Mitchell, J., at Spring Term, 1872, of Catawba Court. The plaintiff and defendant R. M. Whitener are heirs at law off David Whitener. Plaintiffs claim, as heirs at law', two-thirds of the land. R. M. Whitener claims the whole under the will of his father David Whitener.
Decided 1872-06-05
¶1 The question is, whether the land in dispute is given in the will to the defendant Michael Whitiner. The *253 difficulty in construing the will grows out of the fact, that it is not punctuated and is ungrammatical. Reading the will so as to make it consistent and sensible, we are of the opinion that the land in disputéis given to the defendant Michael Whitener.
¶2 There is no error.
¶3 Per Cübiam. Judgment affirmed.