McDaniel v. . McDaniel
Supreme Court of North Carolina
Cause removed from the Court of Equity of Jones county. James McDaniel made his will in 1853, and shortly thereafter died.
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Cause removed from the Court of Equity of Jones county. James McDaniel made his will in 1853, and shortly thereafter died. By the fifth clause thereof, he devised and bequeathed as follows: “I give and bequeath to my son, Louis Henry McDaniel, the lands whereon he now lives, being a part of the Howard tract, containing all that part of the said land tliat lies on the left hand side of the public road leading from Trenton to White Oak, on condition that he release all claim on my other heirs, for the sum of one thousand dollars, (the same having been paid by the said Louis IT. McDaniel in part…
1Opinion of the CourtPeaeson, C. J.
The land, which is the subject of controversy, is devised to Louis H. McDaniel and Ms heirs, and if there was no other restriction than that contained in the provision “should he desire to sell, my five or surviving sons shall have the offer of the purchase at a price agreed on, or to be fixed by a reference to three persons, chosen by the parties, at which price they may have the land, should they be disposed to take it,” the case would fall under the decision in Newland v. Newland, 1 Jones’ Rep. 463, because, as by the devise he takes an estate m fee simple, to which a general power of…
2Cited by18 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Carroll v. HerringSupreme Court of North Carolina · 1920
- Artis v. . ArtisSupreme Court of North Carolina · 1948
- Roane v. . RobinsonSupreme Court of North Carolina · 1925
- Barco v. . OwensSupreme Court of North Carolina · 1937
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