Weeks v. . Weeks
Supreme Court of North Carolina
Cause removed from the Court of Equity of Carteret County, at the Fall Term, 1847, by consent of par ties. Jabez Weeks, the elder, by his will, executed on the 23d day of February, 1828, bequeathed as follows: “Item.
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Cause removed from the Court of Equity of Carteret County, at the Fall Term, 1847, by consent of par ties. Jabez Weeks, the elder, by his will, executed on the 23d day of February, 1828, bequeathed as follows: “Item. I give and bequeath unto my grand-son, William Bell» and my grand-daughter, Caroline Bell, one negro girl named Sophy, to them, their heirs and assigns forever ; and if they should die without an heir or heirs lawfully begotten, tbe said negro girl and her increase, that may come hereafter to return to my children.” The grandchildren, William and Caroline, above named, were the…
1Opinion of the CourtRuffin, C. J.
There is no doubt upon the construction of the will. It is clear, that, before the Act of 1827, a limitation over after a dying without an heir, or heirs of the body, is too remote; and it is equally clear, that by that Act, such a limitation is made good, by construing it to be a limitation to take effect at the death of the person without having an heir living at the time of the death. The question upon this point is, then, whether the Act of 1827 operates upon this will, or not. The session of the General Assembly of that year began on the 19th day of November 1827 ; but this act was…
Also in this document: Per curiam.
2Cited by21 opinions
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- Sain v. Baker.Supreme Court of North Carolina · 1901
- Bank v. . LeveretteSupreme Court of North Carolina · 1924
- Patterson v. . McCormickSupreme Court of North Carolina · 1919
- Seawell v. CheshireSupreme Court of North Carolina · 1955
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