Hartman v. . Flynn

It is conceded that, if the rule in Shelley’s case applies to this devise to Shack Flynn, the judgment of the trial court must be affirmed.

The rule in Shelley’s case is imbedded in the jurisprudence of North Carolina as a well-settled rule of property. Whatever may have been its status prior to that time, it was set at rest by Starnes v. Hill, 112 N. C., 1. At that time it was debated, in the minds of some, that the statute, now C. S., 1739, had the effect of abolishing this rule, but this is Uow no longer an open question.

We find a most interesting and learned discussion of this doctrine in…