Jarvis v. . Wyatt
Supreme Court of North Carolina
This bill was filed in 1823 for foreclosure of a mortgage. Jhnbrose Knox, by his will duly executed, devised the use and occupation of four fifths of his plantation, &c. to John Wyatt and Parthenia his wife, during their natural lives, anti to the longest liver of them; and he also bequeathed to them the use of certain slaves and their increase during their natural lives as aforesaid; and farther, during their lives as aforesaid, the use of all his stock and household…
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This bill was filed in 1823 for foreclosure of a mortgage. Jhnbrose Knox, by his will duly executed, devised the use and occupation of four fifths of his plantation, &c. to John Wyatt and Parthenia his wife, during their natural lives, anti to the longest liver of them; and he also bequeathed to them the use of certain slaves and their increase during their natural lives as aforesaid; and farther, during their lives as aforesaid, the use of all his stock and household furniture and plantation utensils of whatever kind now in their possession; and after their decease, he gives and bequeaths…
1Opinion
I think the interest intended by the testator for the heirs of the body of John and Parthenia Wyatt is contingent, and does not vest in them until the death of their mother, who survived their father, and that then they take as purchasers.
I think the words heirs of their bodies lawfully begotten are a description of the persons intended to take, because the words equally tobe divided between them, to them and their heirs forever, give them a fee simple, and if they have a fee simple, they do not take it because they are the heirs general of their father and mother, but because the testator by…
2Cases cited3 opinions
- Heath, Morrow & Co. v. MorganSupreme Court of North Carolina · 1895
- Chambers v. . PayneSupreme Court of North Carolina · 1862
- Leathers v. . GraySupreme Court of North Carolina · 1887