Smith v. . Mears

Supreme Court of North Carolina

Smith v. . Mears

12 S.E.2d 649, 218 N.C. 775, 1941 N.C. LEXIS 346

CourtSupreme Court of North Carolina

DecidedJanuary 8, 1941

StatusPublished

Cited by2 cases

This text of 12 S.E.2d 649 (Smith v. . Mears) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. . Mears, 12 S.E.2d 649, 218 N.C. 775, 1941 N.C. LEXIS 346 (N.C. 1941).

Pincite

Opinion

Stacy, C. J.

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.”

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.

Petition allowed in part.

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