Hall v. . Robinson
Supreme Court of North Carolina
Cause removed from the Court of Equity of Auson county.. Mrs. Rosa A. Troy, by lier will bequeathed in the first clause thereof as follows : “I give and bequeath to my grand-son Thomas Lance, twenty shares of stock in the Bank of the State of North Carolina; also twenty shares of stock in the Bank of Cape-Fear; also four notes at interest in South Carolina, amounting in the whole to three thousand three hundred dollars; also four hundred and thirty-five dollars at interest…
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Cause removed from the Court of Equity of Auson county.. Mrs. Rosa A. Troy, by lier will bequeathed in the first clause thereof as follows : “I give and bequeath to my grand-son Thomas Lance, twenty shares of stock in the Bank of the State of North Carolina; also twenty shares of stock in the Bank of Cape-Fear; also four notes at interest in South Carolina, amounting in the whole to three thousand three hundred dollars; also four hundred and thirty-five dollars at interest in North Carolina; also my negro boy named James (son of Molly); to him the said Thomas Lance and his heirs forever ;…
1Opinion of the CourtPeaesoN, J.
Where a fee is limited upon a fee by way of executory devise, or bequest, if a general right to dispose of the property is given to the taker of the first fee, such right is inconsistent with the existence of the second fee, and the consequence is that the limitation over of the second fee is inoperative and void. See Newland v. Newland, 1 Jones’ Rep. 463, where the subject is fully discussed.
The specific property mentioned in the first clause of the will of Rosa Troy, and the one sixth part of the sale of the land and negroes to be sold by the sixth clause, is given to Thomas Lance, with a…
2Cited by5 opinions
- Roane v. . RobinsonSupreme Court of North Carolina · 1925
- Daniel v. . BassSupreme Court of North Carolina · 1927
- Milner v. BrokhausenSupreme Court of Iowa · 1912
- Woodard v. ClarkSupreme Court of North Carolina · 1952
- Finlayson v. Cabarrus Bank & Trust Co.District Court, M.D. North Carolina · 1960