Whichard v. Whitehurst
Supreme Court of North Carolina
Appeal by plaintiffs from Devin, J., at January Term, 1921, of Pitt. Tbis case was submitted under C. S., 961, upon the following “facts agreed.” In 1871 John E. 'Whichard and bis wife conveyed to tbeir daughter the land in controversy, duly described, “unto said Anne E. Page and her nearest blood relations forever.”
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Appeal by plaintiffs from Devin, J., at January Term, 1921, of Pitt. Tbis case was submitted under C. S., 961, upon the following “facts agreed.” In 1871 John E. 'Whichard and bis wife conveyed to tbeir daughter the land in controversy, duly described, “unto said Anne E. Page and her nearest blood relations forever.” At the date of said deed, said Anne E. Page bad living one son, named Billy Page, who died before reaching his majority, and left no children, but since the date of said deed there has been born to her five children, who were living when Billy died. In 1910 said Anne E. Page…
1Dissent
Stacy, J".,
dissenting: Tbe deed submitted for construction in tbis - proceeding was made in 1871. In' tbe granting clause these words appear: “unto tbe said Anne E. Page and ber nearest blood relation forever”; and tbe habendum contains tbe following language: “To have and to bold said tract of land and premises, with all tbe appurtenances thereto belonging to ber, tbe said Anne E. Page, and ber nearest blood relation.” At tbe time of tbe execution and delivery of said deed, Anne E. Page bad only one son living, Billy Page, wbo was ber nearest blood relation. Tbe word “heirs” appears nowhere…
2Cases cited17 opinions
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Vickers v. . LeighSupreme Court of North Carolina · 1889
- Cullens v. . CullensSupreme Court of North Carolina · 1913
- Holmes v. . HolmesSupreme Court of North Carolina · 1882
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