Fulton v. . Waddell

Tbe question is tbis: Under a devise of land for life and at tbe death of tbe life tenant, to be “equally divided between all my children then living or their heirs ” does tbe sole survivor of tbe children of testator take tbe entire property, or do tbe children and descendants of deceased brothers and sisters of such survivor share in tbe property?

Tbe true answer to tbe question, gathered from decisions in point, may be stated in three propositions, to wit: (1) Tbe remainder is contingent. Starnes v. Hill, 112 N. C., 1; Whitesides v. Cooper, 115 N. C., 570; Bowen v. Hackney, 136 N. C., 187;.…