1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 116 S.E.2d
  5. 116 S.E.2d 449 (1960)
 

CLARKE v. CLARKE

No. 166.

116 S.E.2d 449 (1960)

253 N.C. 156

Linward A. CLARKE, Executor of the Estate of Maggle M. Clarke, Petitioner, v. Rudolph B. CLARKE et al.

Supreme Court of North Carolina.

October 12, 1960.

Attorney(s) appearing for the Case

Nicholas Long, Roanoke Rapids, guardian ad litem for unborn children of Rudolph B. Clarke and Norman M. Clarke, appellant.

J. S. Livermon, Scotland Neck, guardian ad litem for living minor children of Rudolph B. Clarke and living minor children of Norman M. Clarke appellant.

George A. Hux, Enfield, guardian ad litem for Patsy McKay, Rosanne McKay, Charles McKay, Jr., and Freddie McKay, Minors, and Ancillary Admr. of Estate of Cornelius Clarke, appellees.

MOORE, Justice.

"A limitation by * * * will * * * to the heirs of a living person, shall be construed to be to the children of such person, unless a contrary intention appear by the * * * will." G.S. § 41-6. (Emphasis added). In paragraphs 4 and 5 of the will of Maggie M. Clarke provision is made for the college education of the "heirs" of testatrix's sons, Norman and Rudolph. These sons were living at the time of the execution of the will and survived...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases