Fuller v. . Fuller
Supreme Court of North Carolina
Cause removed from the Court of Equity of Franklin county. The bill was filed by the legatees under the will of Bartholomew Fuller, against the executor, for the recovery of their legacies. The only matter of controversy or doubt, arises as to the share of the estate bequeathed to Mary Fuller.
Read the full summary
Cause removed from the Court of Equity of Franklin county. The bill was filed by the legatees under the will of Bartholomew Fuller, against the executor, for the recovery of their legacies. The only matter of controversy or doubt, arises as to the share of the estate bequeathed to Mary Fuller. The portions of tjie will bearing on the question are the following : “ I lend to my wife, Sarah Fuller, during her life or widowhood, the land and plantation whereon I now live, and three negroes, Lewis> Frankey, and Te’mpey, together with as much of my crop stock, household and kitchen furniture as…
1Opinion of the CourtPbaesoN, C. J.
A bequest to A, “if” or “provided” or “when” he arrives at age or marries, standing alone, does not vest, unless the condition is performed, and will not devolve upon his personal representatives should he die before arriving at age or marriage. The words-“if” and “provi ded,” import an absolute condition, but “when” is not so stubborn, and will yield to an intention, if it can be reasonably inferred from other parts of the will, not to annex the condition to the gift, but onty to the possession and enjoyment; as, when the suspension of the enjoyment may be accounted for by special…
2Cited by6 opinions
- Sorrells v. McNallySupreme Court of Florida · 1925
- Coddington v. . StoneSupreme Court of North Carolina · 1940
- Carter v. KemptonSupreme Court of North Carolina · 1950
- Jackson v. LangleySupreme Court of North Carolina · 1951
- Hooker v. Bryan.Supreme Court of North Carolina · 1906
1 more not listed; retrieve them via the Exa API.