Wiggs v. Saunders
Supreme Court of North Carolina
Alexander Frazer, being the owner in fee of two several tracts of land, on the 21st day of October, 1816; executed a deed to his nephew, Thomas Saunders, in the following words: Know all men by these presents, that I, Alexander Fra-zer, oí, &c., for divers good causes and considerations me hereunto moving, but more especially for the good will and affection which I have and bear unto my beloved nephew, Thomas Saunders, the son of my sister Peggy, do hereby give and grant,…
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Alexander Frazer, being the owner in fee of two several tracts of land, on the 21st day of October, 1816; executed a deed to his nephew, Thomas Saunders, in the following words: Know all men by these presents, that I, Alexander Fra-zer, oí, &c., for divers good causes and considerations me hereunto moving, but more especially for the good will and affection which I have and bear unto my beloved nephew, Thomas Saunders, the son of my sister Peggy, do hereby give and grant, after the decease of my wife Sally Frazer, two tracts or parcels of land lying and being, &c., to be possessed by him in…
1Opinion of the Court
Gaston, Judge.
The only question in this case is, whether the deed from Alexander Frazer to Thomas Saunders passed a greater estate in the land than for the life of the do-nee. The consideration of the deed is natural affection, and it may operate as a covenant to stand seised under the statute of uses. The operative words are, “ 1 do give and grant, after the decease of my wife, two tracts of land,” (describing them,) “ to be possessed by him in feersimple after- the death of my wife, upon condition that he, the said Thomas, shall then immediately, or as soon after a reasonable time as may…
2Cited by3 opinions
- Allen v. . BaskervilleSupreme Court of North Carolina · 1898
- Jordan v. . HollowellSupreme Court of North Carolina · 1817
- Sneed v. . HarrisSupreme Court of North Carolina · 1817