Guyther v. . Taylor
Supreme Court of North Carolina
Cause removed from the Court of Equity of Martin County, at the Fall Term, 1844, having been first set for hearing. The following facts appear from the pleadings : Kinchen Taylor, the elder, made his will, November 6th, 1836, and therein devised and bequeathed as follows : “ It is my will, that my negroes and stock shall be kept on' the plantation, whereon I live, until my son Kinchen attain the age of 21 years.
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Cause removed from the Court of Equity of Martin County, at the Fall Term, 1844, having been first set for hearing. The following facts appear from the pleadings : Kinchen Taylor, the elder, made his will, November 6th, 1836, and therein devised and bequeathed as follows : “ It is my will, that my negroes and stock shall be kept on' the plantation, whereon I live, until my son Kinchen attain the age of 21 years. “ I give to my two daughters, Harriet Jane Taylor and Charity D. Taylor, my piney vvoods tract of land, containing' 776 acres. “1 give to my son Joshua, $1000, to be raised from the…
1Opinion of the Court
Ruffin, O. J.
The rights of the parties depend upon the question, whether the gift of the negroes was contingent. If the will gives a vested interest, then each of the four childrc n was entitled to a share, and the shares of those dying before Kinchen came of age, were transmissible to their representatives. It is insisted, that this was a contingent gift, chiefly on the strength of the word when ; which, it is said, as the clause is framed, refers to the gift, and not to the division of the negroes. It is no doubt the law, in respect to gifts of personal estate by will, that the word “when,”…
2Cited by6 opinions
- Coddington v. . StoneSupreme Court of North Carolina · 1940
- Carter v. KemptonSupreme Court of North Carolina · 1950
- Hooker v. Bryan.Supreme Court of North Carolina · 1906
- In Re Shuford's WillSupreme Court of North Carolina · 1913
- In re Will of ShufordSupreme Court of North Carolina · 1913
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