{ "id": 8604650, "name": "SWINDELL CLARK et al. v. W. W. CLARK et al.", "name_abbreviation": "Clark v. Clark", "decision_date": "1927-09-28", "docket_number": "", "first_page": "288", "last_page": "289", "citations": [ { "type": "official", "cite": "194 N.C. 288" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "192 N. C., 614", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8625542 ], "opinion_index": 0, "case_paths": [ "/nc/192/0614-01" ] }, { "cite": "174 N. C., 603", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11254997 ], "opinion_index": 0, "case_paths": [ "/nc/174/0603-01" ] }, { "cite": "192 N. C., 240", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8621113 ], "opinion_index": 0, "case_paths": [ "/nc/192/0240-01" ] } ], "analysis": { "cardinality": 234, "char_count": 4161, "ocr_confidence": 0.495, "pagerank": { "raw": 1.349926658820857e-07, "percentile": 0.6331093048281965 }, "sha256": "fec8c3b15b04a439cf2958216a65fb51293f779466fd399cc0aed6ea45f02dab", "simhash": "1:c802d456aa4756f3", "word_count": 736 }, "last_updated": "2023-07-14T17:26:29.544042+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "SWINDELL CLARK et al. v. W. W. CLARK et al." ], "opinions": [ { "text": "BuogdeN, J.\nWhere real estate is devised to \u201cnearest heirs at law\u201d of a person leaving brothers and sisters of whole blood and half blood, do such brothers and sisters take equally, or do the brothers and sisters of the whole blood take the entire interest to the exclusion of the half blood?\nUnder the fifth item of the will of Joseph G-. Williams it was provided that, if Cleveland Williams \u201cshould die without heirs,\u201d all the real estate bequeathed to him \u201cshall go back to my beloved wife or her nearest heirs at law.\u201d Amelia G-. Williams, wife of testator, died, leaving a half brother, two half sisters, and the children of a deceased half sister, and also leaving two brothers. The brothers of the whole blood claim that they are the \u201cnearest heirs at law\u201d of Amelia G. Williams, and that therefore they take the entire property.\nThe expression in the fifth item of the will that if Cleveland Williams \u201cshould die without heirs\u201d means that in the event Cleveland Williams should die without issue, the land devised to him should go to the \u201cnearest heirs at law\u201d of Amelia G. Williams. Massengill v. Abell, 192 N. C., 240.\nUnder the decisions of this Court the \u201cnearest heirs at law\u201d of Amelia G. Williams, under the will as written, take as purchasers under the will of Joseph G. Williams and not by descent. Kirkman v. Smith, 174 N. C., 603; Yelverton v. Yelverton, 192 N. C., 614.\nAs the \u201cnearest heirs at law\u201d of Amelia G. Williams take by purchase and not by descent, then it follows that her brothers and sisters of the half and whole blood take equally as tenants in common, and the judgment of the trial judge is correct.\nAffirmed.", "type": "majority", "author": "BuogdeN, J." } ], "attorneys": [ "H. Q-. Harrington and Winston, Matthews & Kenney for plaintiffs.", "Craig & Pritchett for defendants." ], "corrections": "", "head_matter": "SWINDELL CLARK et al. v. W. W. CLARK et al.\n(Filed 28 September, 1927.)\nWills \u2014 Devise\u2014Heirs\u2014Issue \u2014 Estates \u2014 Remainders \u2014 \u201cPurchaser\u201d\u2014 Tenants in Common.\nA devise of testator\u2019s land to one who had been raised as a member of his family, with direction that should he die without heirs then the lands so devised \u201cshall go back to my beloved wife or her nearest heirs at law: Held, upon the death of the devisee unmarried and without issue, leaving a brother and sister, and the death of the wife leaving heirs at law, the word heirs used in the devise to the son means \u201cissue\u201d or children, and the estate so devised went under the will of the testator to the heirs at law of the wife by purchase as tenants in common.\nThis was a special proceeding for tbe partition of land and beard on appeal by Moore, Special Judge, at May Term, 1927, of Bertie.\nPlaintiffs are tbe balf brother of Amelia G-. Williams and balf sisters and descendants of a balf sister, and tbe appealing defendants, W. W. Clark and H. B. Clark, are tbe whole brothers of said Amelia G-. Williams.\nJoseph G. Williams, tbe husband of Amelia G. Williams, died in 1906, leaving a last will and testament. Tbe third and fifth items of said will are as follows: (Third) \u201cI give and bequeath to Cleveland Williams or tbe young man that I raised from early childhood thirty-eight acres of land lying on tbe new road above mentioned, beginning at a corner, Simmon Cherry\u2019s line, and running thence along said road to the Lewiston and Windsor road, and thence along the said road towards Lewiston far enough to include the 38 acres, and running thence a straight line parallel with the new road to the back line adjoining Simmon Cherry\u2019s line; thence along Cherry\u2019s line to the beginning.\u201d (Fifth) \u201cI further order and ordain that if . . . Cleveland Williams . . . should die without heirs that all of the real estate bequeathed to them by this my last will and testament, shall go back to my beloved wife or her nearest heirs at law.\u201d\nCleveland Williams died intestate in November, 1924, without \u201cever having married, and left no issue.\u201d. Amelia G. Williams, the wife of testator, is also dead. At the time of his death Cleveland Williams left brothers and sisters.\nThe court adjudged that the heirs at law of Amelia G. Williams were the sole owners of the property in controversy. From this judgment the defendants, H. B. Clark and W. W. Clark, appealed.\nH. Q-. Harrington and Winston, Matthews & Kenney for plaintiffs.\nCraig & Pritchett for defendants." }, "file_name": "0288-01", "first_page_order": 356, "last_page_order": 357 }