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73 N.C. 472

Smith v. Neal

Supreme Court of North Carolina

Decided June 15, 1875

Supreme Court of North Carolina · decided 1875-06-15

This was a Civil aotioN in the nature of Ejectment, tried before Schenck, J. at Spring Term, 1875, of Rutherford Superior Court. The plaintiffs claimed the land in controversy as devisees under the will of William Smith. It was agreed that the right of the plaintiffs to recover depended upon the construetion of the will, and that the Court should decide as to the construction.

Decided 1875-06-15

Settle, J.

¶1William Smith intended to dispose of his whole estate by will.

¶2There is nothing in the will or in the circumstances of the estate to induce ns to change the general rule.

¶3The judgment of the Superior Court is affirmed.

Per Curiam.

¶4J udgment affirmed.

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