# Fuller v. Rhododendron Corp.

> Supreme Court of North Carolina · January 28, 1935 · 207 N.C. 660

URL: https://www.frixlaw.com/law-library/cases/3669150

## Case

- **Full name:** Oliver C. Fuller v. Rhododendron Corporation.
- **Court:** Supreme Court of North Carolina
- **Decided:** January 28, 1935
- **Citations:** 207 N.C. 660; 178 S.E. 116; 1935 N.C. LEXIS 241
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Stacy
- **Judges:** Stacy
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3669150

## Opinion text

*661
Stacy, C. J.
On tbe bearing tbe title offered was properly made to depend upon tbe construction of tbe following item in tbe will of Solomon Jones:
“I give, devise, and bequeath my estate and property, real and personal, as follows, tbat is to say:
“My real and personal estate on ‘Mt. Hebron,’ in Henderson County, North Carolina, to go to my wife, Assena T. Jones, during her mortal life, then to be sold and divided equally among my first wife’s children, and if none alive, to my first wife’s grandchildren.”
Tbe case states tbat Jane Cox was tbe only child of tbe testator’s first wife to survive bis widow, Assena T. Jones. Tbe plaintiff has acquired, by
mesne
conveyances, all of Jane Cox’s interest in said land.
On authority of
Brown v. Guthery,
190 N. C., 822 , tbe trial court held tbat, under tbe will of Solomon Jones, bis widow, Assena T. Jones, took a life estate in said land, with remainder in fee to tbe children of tbe testator’s first wife who should survive bis widow, and tbat as Jane Cox alone of bis first wife’s children survived bis widow, she was entitled to tbe remainder in fee. This ruling would seem to be correct.
Watson v. Smith,
110 N. C., 6 , 14 S. E., 640 .
Nor is plaintiff’s title affected by tbe testator’s direction to sell tbe land and divide tbe proceeds.
Witty v. Witty,
184 N. C., 375 , 114 S. E., 482 ; 40 Cyc., 1999.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3669150. Public record. Not legal advice.