Tilley v. . King
Supreme Court of North Carolina
This was a civil actioN, tried before Graves, J., at the Special Term of the Superior Court held for the county of Stokes on the 20th day of July, 1891. The plaintiffs alleged that they are tenants in common with the defendants of the lands described in the pleadings as the heirs at law of A. B. Tilley. Tlie defendants denied this, and alleged that under the will of A. B. Tilley, deceased, they, as the heirs of P. H. Tilley, are the sole owners of the described land.
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This was a civil actioN, tried before Graves, J., at the Special Term of the Superior Court held for the county of Stokes on the 20th day of July, 1891. The plaintiffs alleged that they are tenants in common with the defendants of the lands described in the pleadings as the heirs at law of A. B. Tilley. Tlie defendants denied this, and alleged that under the will of A. B. Tilley, deceased, they, as the heirs of P. H. Tilley, are the sole owners of the described land. It was admitted that the will of A. B. Tilley was made in 1873; that P. H. Tilley had been living with him for two or three…
1Opinion of the Court
Shepherd, J.:
The only question material to be considered is whether his Honor was correct in ruling that in the will of A. B. Tilley there was no condition precedent to the vesting of an estate in his grandson P. H. Tilley, and that the latter took a vested remainder expectant upon the determination of the life-estate of his grandmother.
The words to be construed are as follows: “ And if Powell H. Tilley stays with us until after our deaths, and takes care of us, then I give and bequeath this tract of land to him forever.” The testator provided for his wife and children, among whom was the…
2Cases cited2 opinions
- Bryan v. . MoringSupreme Court of North Carolina · 1886
- Whitehead v. . ThompsonSupreme Court of North Carolina · 1878
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- Lynch v. . MeltonSupreme Court of North Carolina · 1909
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