Bryant v. . Deberry
Superior Court of North Carolina
TJ'JECTMENT. Abraham Stephenson died in 1791, leaving a will, and therein he devised the lands in question to his son Charles for his life 5 and after his death to John, the son of Charles, and his heirs forever; and if no heir, then over to Abraham Darden and his heirs forever, Src. John died in the life time of the devisor, leaving t.wo sisters of the whole blood, the plaintiffs.
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TJ'JECTMENT. Abraham Stephenson died in 1791, leaving a will, and therein he devised the lands in question to his son Charles for his life 5 and after his death to John, the son of Charles, and his heirs forever; and if no heir, then over to Abraham Darden and his heirs forever, Src. John died in the life time of the devisor, leaving t.wo sisters of the whole blood, the plaintiffs. In the will there is a residuary clause, devising all the rest and residue of his real and personal estate to Charles. The plaintiffs contend that the devise over to Abraham Darden, is a void devise, being to take…
1Opinion of the Court
flail. Judge,
was of opinion for the plaintiff, and directed the jury to find for them, which they did,- and there was judgment for the plaintiffs after a new trial had been moved for,
2Cited by3 opinions
- Jones v. . SpaightSupreme Court of North Carolina · 1814
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- Sutton v. . WoodSupreme Court of North Carolina · 1801