Vass v. . Freeman
Supreme Court of North Carolina
Cause removed from the Court of Equity of "Wake county. The bill was filed to recover a legacy bequeathed to Amanda G. Freeman in the will of William G. Freeman. The following are the material clauses of the said will, bearing upon the question: “3rd. I give and bequeath to my mother, and Amanda G. Freeman, the whole of my estate, jointly, and upon the demise of either, the survivor to have the whole in fee simple, forever.”
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Cause removed from the Court of Equity of "Wake county. The bill was filed to recover a legacy bequeathed to Amanda G. Freeman in the will of William G. Freeman. The following are the material clauses of the said will, bearing upon the question: “3rd. I give and bequeath to my mother, and Amanda G. Freeman, the whole of my estate, jointly, and upon the demise of either, the survivor to have the whole in fee simple, forever.” After describing the situation of his mercantile effects and funds deposited in several places, the will proceeds, “ and my negroes, perhaps they had better keep, and my…
1Opinion of the CourtBattle, J.
When slaves or other personal chattels are bequeathed to two or more persons, immediately, as tenants in common, with a limitation over to the survivors or survivor, if, or in case that, one or more of them die, it is settled that, unless a contrary intent appear from other parts of the will, those who survive the testator will take absolutely. The rule which thus refers the period of survivorship to the death of the testator, was first laid down by Lord Chancellor Oowper in the case of Lord Bindon v. The Earl of Suffolk, 1 Peere Will. 99, was followed by many cases in England, and has been…
2Cited by9 opinions
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- Burton v. . CahillSupreme Court of North Carolina · 1926
- Patterson v. . McCormickSupreme Court of North Carolina · 1919
- Citizens Bank v. MurraySupreme Court of North Carolina · 1917
- Biddle v. . HoytSupreme Court of North Carolina · 1854
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