Doe on Demise of Stowe v. Davis
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Surry County, at the Fall Term 1849, his Honor Judge Caia>. weu. presiding. The respective parties claim under the will of Abram Stowe, in which he devised as follows : “I give to my wife the plantation on which Í now live, during her life, one horse.” &c. Then after several gifts of chattels to others, follows this clause : “Fourthly, I give to the lawful heirs ol my son, Abram, deceased, the plantation whereon I now live.”
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Appeal from the Superior Court of Law of Surry County, at the Fall Term 1849, his Honor Judge Caia>. weu. presiding. The respective parties claim under the will of Abram Stowe, in which he devised as follows : “I give to my wife the plantation on which Í now live, during her life, one horse.” &c. Then after several gifts of chattels to others, follows this clause : “Fourthly, I give to the lawful heirs ol my son, Abram, deceased, the plantation whereon I now live.” “Seventliljr, I give unto my sons John and Joel, and their children, the residue of my estate, both land and negroes and personal…
1Opinion of the CourtRuffin, C. J.
The Court holds, that the premises passed to the widow for life, with remainder to the heirs of Abraham, under the description of “the plantation whereon I now live.” If the case stood upon the words of the will alone, without any evidence respecting the two tracts of land, upon parts of both of which was situate the portion under culture by the testator, there could be no doubt. “The plantation on which the owner lives” would certainly be understood generally to be all the contiguous land of the proprietor, which he resided on and made one parcel, by using different portions of it for his…
Also in this document: Per curiam.
2Cited by4 opinions
- Austin v. . AustinSupreme Court of North Carolina · 1912
- Reynolds v. . Trust Co.Supreme Court of North Carolina · 1931
- Reynolds v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of North Carolina · 1931
- Bradshaw v. EllisSupreme Court of North Carolina · 1838