Nunnery v. . Carter
Supreme Court of North Carolina
PetitioN for an account and settlement of personal property, removed from the Court of Equity of Cumberland county. Henry Carter, by his last will, devised to bis wife a tract of' land, for her life, with ^ramainder to James Carter; he likewise bequeathed to her^ror life, a negro woman, by the name’ of Phillis, and her increase, with a limitation over to his several children, excluding defendant, James.
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PetitioN for an account and settlement of personal property, removed from the Court of Equity of Cumberland county. Henry Carter, by his last will, devised to bis wife a tract of' land, for her life, with ^ramainder to James Carter; he likewise bequeathed to her^ror life, a negro woman, by the name’ of Phillis, and her increase, with a limitation over to his several children, excluding defendant, James. He alsobeqeath-ed two slaves, a wagon, a horse and a cart, to his said wife,, during her natural life, and then “ to be James-Carter’s, provided he take care of his mother; if not, to be whose…
1Opinion of the CourtBattle, J.
Tlfe question presented, for our determination,., involves the construction of the first clause of the will of the testator, Henry Carter, and it is whether the legacy therein given to James Carter, depended upon a condition precedent, and was lost, because the condition became an impossible one before the death of the testator. The counsel, for the plaintiffs, contends strenuously for the affirmative, while the counsel for the defendant, James Carter, insists that the condition was a subsequent one, or that the legacy was intended by the testator to be vested, subject to the charge, that…
2Cited by4 opinions
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- Morley v. CalhounCuyahoga Circuit Court · 1905
- Sparks v. . SparksSupreme Court of North Carolina · 1927