Doe on Demise of Stephenson v. Jacocks
Supreme Court of North Carolina
From Perquimons. Ejectment. The following special verdict presents the facts of the case. Thomas Stephenson being seised and possessed of the premises in dispute, by his last testamént duly executed to pass lands, dated the 21s^^ February 1800, devised as follows, viz. On this finding, judgment was rendered below for the Defendant, and the Plaintiff appealed. -The limitation to the lessor of the Plaintiff is good.
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From Perquimons. Ejectment. The following special verdict presents the facts of the case. Thomas Stephenson being seised and possessed of the premises in dispute, by his last testamént duly executed to pass lands, dated the 21s^^ February 1800, devised as follows, viz. On this finding, judgment was rendered below for the Defendant, and the Plaintiff appealed. -The limitation to the lessor of the Plaintiff is good. This is an executory devise, and is limited upon an. event not too remote. 1st. It is an executory devise— The estates to William and the unborn child are in fee— The act of…
1Opinion of the Court
Tayzor, Chief-Justice.
The substance of Thomas Stephenson’s will is a devise to his son William in fee, a devise to his wife for life, of part of the land, and taking notice that his wife is ensient, a devise of that part to the child, if it should be a son, with cross remainders to him and William. In the event of the death of both without issue, he devises part to his nephew John Stephenson, in fee, and part to his daughter Polly. William the son, and Polly the daughter, are both dead, without issue. The testator’s wife was pregnantbut instead of a son, she was delivered of a daughter, who…
2Cited by1 opinion
- Ashcraft v. . LeeSupreme Court of North Carolina · 1876