Buchanan v. . Buchanan
Supreme Court of North Carolina
Will — Survivorship—Executory Devise — Contingent Estate— Remainder. This is a civil ACTION, which was tried before Gilmer, J., at Fall Term, 1886, of Anson Superior Court.
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Will — Survivorship—Executory Devise — Contingent Estate— Remainder. This is a civil ACTION, which was tried before Gilmer, J., at Fall Term, 1886, of Anson Superior Court. The action involves the construction of the seventh clause of the will of Henry Buchanan, under whom both parties to the action claim, and which is as follows: “ I, Henry Buchanan, of the County of Anson and State of North Carolina, being of sound mind and memory, but considering the uncertainty of life, and my earthly existence, do make and declare this my last will and testament, in manner and form following, that is to…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The ruling brought up for review proceeds upon a construction of the clause of the will in controversy, which requires the death of the devisee Richmond to take place in the life-time of the testator, as the contingency on which the limitation over to Andrew was to take effect, and defeating it if the testator was the survivor.
The devise is of an estate in fee to Richmond, terminable at his decease without issue; and in such event passing over and vesting in Andrew. No time is fixed for the executory-devise over to take effect, except that it must be at…
2Cases cited4 opinions
- Davis v. . Parker .Supreme Court of North Carolina · 1873
- Burton v. . ConiglandSupreme Court of North Carolina · 1880
- Robinson v. . McDiarmidSupreme Court of North Carolina · 1882
- Jennings v. . CopelandSupreme Court of North Carolina · 1884
3Cited by40 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Fifer v. AllenIllinois Supreme Court · 1907
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Willis v. Mutual Loan & Trust Co.Supreme Court of North Carolina · 1922
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
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