Cole v. . Thornton
Supreme Court of North Carolina
Appeal by defendant from Devin, Jat tbe August Term, 1920, of J OHNSTON. Tbis is an action to recover tbe purchase price of a tract of land, the defendant refusing to pay and to accept tbe deed tendered upon tbe ground that tbe plaintiffs do not own an indefeasible title in fee.
Read the full summary
Appeal by defendant from Devin, Jat tbe August Term, 1920, of J OHNSTON. Tbis is an action to recover tbe purchase price of a tract of land, the defendant refusing to pay and to accept tbe deed tendered upon tbe ground that tbe plaintiffs do not own an indefeasible title in fee. Tbe plaintiff, Alice Cole, claims under item seven of tbe will of W. GL Yelvington, which reads as follows: “Item 7. I give and devise all tbe remainder of my real estate, wherever situate, to my wife, Mary J. Yelvington, during”her natural life; then to my daughter Alice and her children, if any; but if my daughter…
1Opinion of the CourtAlleN, J.
Tbe doubt that arises as to the title is upon -the contingency that children of tbe plaintiff Alice may be hereafter" born, and would be well founded if tbe devise to tbe children was in remainder to take effect after tbe death of Alice, as “a bequest or use limited to the children of A. after an estate to her for life remains open, so as to take in all the children she may have at her death.” Dupree v. Dupree, 45 N. C., 168, approved in Powell v. Powell, 168 N. C., 562.
The devise is to “Alice and her children,” and “As early as the time of Lord Coke, it was held in Wild’s case, 6 Rep., 17,…
2Cases cited6 opinions
- Cullens v. . CullensSupreme Court of North Carolina · 1913
- Dupree v. . DupreeSupreme Court of North Carolina · 1853
- Condor v. . SecrestSupreme Court of North Carolina · 1908
- Moore v. . LeachSupreme Court of North Carolina · 1857
- Discount & Deposit State Bank v. LittOhio Court of Appeals · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Boyd v. . CampbellSupreme Court of North Carolina · 1926
- Ziegler v. . LoveSupreme Court of North Carolina · 1923
- Johnson Bros. v. LeeSupreme Court of North Carolina · 1924
- MacKie v. MacKieSupreme Court of North Carolina · 1949
- Davis v. BrownSupreme Court of North Carolina · 1954
8 more not listed; retrieve them via the Exa API.