Graham v. Graham's Administrators
Supreme Court of North Carolina
From Moore. Detinue.'— On the sixteenth of May, 1817, the Defendant’s intestate executed an instrument of writing in the following words.: “ To all persons to whom these presents shall come, I, Thomas Gra- “ ham, of the County of Moore, and State of North-Carolina, send “ greeting: Know ye, that X the said Thomas Graham, for and in consideration of the natural love and affection which I bear and have to “ my niece Mary Graham, daughter to Robert Graham, and for divers “…
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From Moore. Detinue.'— On the sixteenth of May, 1817, the Defendant’s intestate executed an instrument of writing in the following words.: “ To all persons to whom these presents shall come, I, Thomas Gra- “ ham, of the County of Moore, and State of North-Carolina, send “ greeting: Know ye, that X the said Thomas Graham, for and in consideration of the natural love and affection which I bear and have to “ my niece Mary Graham, daughter to Robert Graham, and for divers “ other good causes and considerations hereunto, have given and granted at my death, and by these presents at that time do…
1Opinion of the Court
Hall, Judge.
Originally, terms for years and personal chattels, could not by deed, be limited over by way of remainder after a life estate — (Oro. Elia. 216 — 1 Co. 153 — Chedington’s case, Dyer 253 — Shep. Touch. 332.) And however the law may be altered as to chattels real— (Shep. Touch. 274 — Bac. Jlbl. Remainder a.” 1st Jim. from the 6th London Ed. — 1 Burr. 282 — 1 Hen. 111. 540) as to personal chattels it remains the same, unless such limitations over is created by will or by way of trust I am not aware of any case that can be shewn to the contrary.
In the present case, no express estate…
2Cited by7 opinions
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- Outlaw v. . TaylorSupreme Court of North Carolina · 1915
- Nixon v. . NixonSupreme Court of North Carolina · 1939
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