Doe on Dem. of Halford v. Tetherow
Supreme Court of North Carolina
, EjegtheNt, tried before Bailey, Judge, at a Special Term of Buncombe Superior Court, July, 1855. The land in question, had been granted to John Lakey, who died in 1835, seized of the same in fee, leaving the plaintiff Elizabeth, Hiram Lakey, and Anne Lakey his only children and his heirs at law.
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, EjegtheNt, tried before Bailey, Judge, at a Special Term of Buncombe Superior Court, July, 1855. The land in question, had been granted to John Lakey, who died in 1835, seized of the same in fee, leaving the plaintiff Elizabeth, Hiram Lakey, and Anne Lakey his only children and his heirs at law. To avoid the application of the Statute of limitations the plaintiffs piit in the will of John Lakey, and it was insisted by them, that the land in question was devised to Jincey Lakey, his widow, during her life or widowhood ; and that she having died without marrying, only about two years before…
1Opinion of the CourtPeaRSON, J.
It is too clear for argument that the will does not give the widow a life estate, in that part of the original tract, which is claimed by the defendant. The testator had sold this part to his son Hiram, who was living on it, and cultivating up to the cross fence, which was the dividing line, while the testator lived upon and cultivated the other part. The words “ I allow the plantation where I now live on, and all my household furniture, &c., for the use and benefit of my wife, during her life,” embrace only the latter’ part. Resides, it is hot reasonable to suppose that the testator could…
2Cited by4 opinions
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- Hinsdale v. . ThorntonSupreme Court of North Carolina · 1876