{
  "id": 8620701,
  "name": "MATILDA RIDDICK WILLIAMS, MARTHA RIDDICK HUNTER, and WILL RIDDICK, Heirs, Same Being MAVIN RIDDICK, BEATRICE WILLIAMS, MARTHA JANE WILLIAMS and EMMA GRIFFIN, Deceased, Heirs; CHRISTINA DURHAM, EULA ROACH, DOROTHY McDANIEL, RUTH ......, and GERTRUDE WHITE, Deceased, Heirs Which Are DAVID LEE WHITE, ALEXANDER MAE WHITE, JOE LOUIS WHITE, ARTHUR LEE WHITE, EMMA WHITE, and SAM WHITE; KINNEY RIDDICK, Deceased, Heirs, and C. L. GRIFFIN v. W. D. SHARBER",
  "name_abbreviation": "Williams v. Sharber",
  "decision_date": "1955-09-21",
  "docket_number": "",
  "first_page": "609",
  "last_page": "610",
  "citations": [
    {
      "type": "official",
      "cite": "242 N.C. 609"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 200,
    "char_count": 2650,
    "ocr_confidence": 0.569,
    "sha256": "8b97017b476898bd755b2e8cc108e6ea1ec02dba871edfad216f4742f0966490",
    "simhash": "1:725ae89a65cae8a6",
    "word_count": 449
  },
  "last_updated": "2023-07-14T17:51:17.837681+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "WiNBORNE and HiggiNS, JJ., took no part in the consideration or decision of this case."
    ],
    "parties": [
      "MATILDA RIDDICK WILLIAMS, MARTHA RIDDICK HUNTER, and WILL RIDDICK, Heirs, Same Being MAVIN RIDDICK, BEATRICE WILLIAMS, MARTHA JANE WILLIAMS and EMMA GRIFFIN, Deceased, Heirs; CHRISTINA DURHAM, EULA ROACH, DOROTHY McDANIEL, RUTH ......, and GERTRUDE WHITE, Deceased, Heirs Which Are DAVID LEE WHITE, ALEXANDER MAE WHITE, JOE LOUIS WHITE, ARTHUR LEE WHITE, EMMA WHITE, and SAM WHITE; KINNEY RIDDICK, Deceased, Heirs, and C. L. GRIFFIN v. W. D. SHARBER."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAll of testator\u2019s land was devised to his wife and her two children by Item First except \u201cthat part of the same in wood on the south end of same from my back gate that is next to Milton Eason heirs.\u201d The court, upon competent evidence, found that the land specifically excepted from this devise does not embrace the 2.4 acres but is a different portion of testator\u2019s 42.7 acre tract. These findings, which are conclusive, control decision. The judgment predicated thereon is\nAffirmed.\nWiNBORNE and HiggiNS, JJ., took no part in the consideration or decision of this case.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Robert B. Lowry and John H. Hall for plaintiffs, appellants.",
      "Worth & Horner for defendant, appellee."
    ],
    "corrections": "",
    "head_matter": "MATILDA RIDDICK WILLIAMS, MARTHA RIDDICK HUNTER, and WILL RIDDICK, Heirs, Same Being MAVIN RIDDICK, BEATRICE WILLIAMS, MARTHA JANE WILLIAMS and EMMA GRIFFIN, Deceased, Heirs; CHRISTINA DURHAM, EULA ROACH, DOROTHY McDANIEL, RUTH ......, and GERTRUDE WHITE, Deceased, Heirs Which Are DAVID LEE WHITE, ALEXANDER MAE WHITE, JOE LOUIS WHITE, ARTHUR LEE WHITE, EMMA WHITE, and SAM WHITE; KINNEY RIDDICK, Deceased, Heirs, and C. L. GRIFFIN v. W. D. SHARBER.\n(Filed 21 September, 1955.)\nAppeal by plaintiffs from Clifton L. Moore, Judge, March Term, 1955, of Pasquotank.\nCivil action to establish title to 2.4 acres of woodland and to recover damages for trespass.\nRobert Riddick\u2019s Will, under which both plaintiffs and defendant claim, disposes of the testator\u2019s tract of 42.7 acres in these provisions, viz.:\n\u201cItem Fiest: I give and devise to my beloved wife and her two children all of the land where I now live except that part of the same in wood on the south end of same from my back gate that is next to Milton Eason heirs and the use of wood for firewood purpose of any or all of the woods I now own.\n\u201cItem SECOND: I give and devise to my three older children, Will Riddick, Martilda Williams (nee Riddick) and Martha Hunter (nee Riddick) all of the remainder of my real estate share and share alike.\u201d\nPlaintiffs, children of testator\u2019s first wife, claim title to the 2.4 acres under Item SecoND. Defendant contends that title thereto passed under Item First to testator\u2019s second wife and her two children; and that he has acquired such title by purchase.\nThe sole question is whether the 2.4 acres was included in or excepted from the devise made to the second wife and her two children in Item First.\nUpon waiver of jury trial, the court heard the evidence and found the facts. The findings identify by metes and bounds the lands devised in Item First and in Item SecoND. Upon these findings, judgment was entered for defendant. Plaintiffs excepted and appealed.\nRobert B. Lowry and John H. Hall for plaintiffs, appellants.\nWorth & Horner for defendant, appellee."
  },
  "file_name": "0609-02",
  "first_page_order": 651,
  "last_page_order": 652
}