Hutchinson v. . Lucas
Supreme Court of North Carolina
Appeal by plaintiffs from Granm&r, J., at November Term, 1920, of WlLSON. Iredell Farmer devised the lands in controversy to his youngest son, Arthur D. Farmer, with the following condition: “If my said son, Arthur D. Farmer, shall die without leaving issue, on his death it is my will and desire that all the lands devised in this will shall go to and be equally divided among my children or their issue living at his death, and to their heirs forever.”
Read the full summary
Appeal by plaintiffs from Granm&r, J., at November Term, 1920, of WlLSON. Iredell Farmer devised the lands in controversy to his youngest son, Arthur D. Farmer, with the following condition: “If my said son, Arthur D. Farmer, shall die without leaving issue, on his death it is my will and desire that all the lands devised in this will shall go to and be equally divided among my children or their issue living at his death, and to their heirs forever.” It is not alleged that Arthur is dead, and the answer avers that he was in Wilson in 1918. The estate devised to Arthur was conveyed by an order…
1Opinion of the CourtClark, C. J.
The plaintiffs concede that the estate devised to Arthur is a defeasible fee, but they contend that the quitclaim executed by the brothers and sister of Arthur estopped their issue, and they rely upon Cherry v. Cherry, 179 N. C., 4. The devise in that case is different from this.
In the present case it is provided that upon the death of Arthur Farmer without leaving issue the land shall go'to and be equally divided among the testator’s children, "or their issue living At Arthur’s death,” and their heirs forever. If one or more of the children of the testator should not be living at Arthur…
2Cases cited12 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Smith v. Ellington-Guy Lumber Co.Supreme Court of North Carolina · 1911
- Hobgood v. HobgoodSupreme Court of North Carolina · 1915
- Thompson v. . HumphreySupreme Court of North Carolina · 1919
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Turpin v. . JarrettSupreme Court of North Carolina · 1946
- Tunnell v. BerryCourt of Appeals of North Carolina · 1985
- Whichard v. . CraftSupreme Court of North Carolina · 1918