Opinion · Supreme Court of North Carolina

Arnold v. Hardy.

131 N.C. 113

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1902-10-07
Topic
general

Pee OuetaM. For the reasons given in the case of Arnold v. Dennis, at this, term of the Court, and also for the additional reason that it does not appear that F. H. Thomas, the devisee, in Item 8 of the will (a construction of which seems to' be the purpose of the appeal), died without issue, the most material part of the case, this case must go back for a new *114 trial.

Citator

UpLaw has not yet analyzed Arnold v. Hardy.. The absence of a flag is not a finding that it is good law.

Pee OuetaM.

For the reasons given in the case of Arnold v. Dennis, at this, term of the Court, and also for the additional reason that it does not appear that F. H. Thomas, the devisee, in Item 8 of the will (a construction of which seems to' be the purpose of the appeal), died without issue, the most material part of the case, this case must go back for a new *114 trial. It is said in the statement of the case that “plaintiffs claim that he died without issue/’ but surely that must be found as a fact before it can be expected that we should malee a decision in the matter. The case was made up by counsel.

New Trial.