McBee and Others, Ex Parte
Supreme Court of North Carolina
PETITION for the sale of land for partition, beard upon exceptions to the report of the commissioner, by Logan, J. at •Spring Term 1868, of the Court of Equity for Gaston. The petition having been filed by numerous parties, it was referred to a commissioner to inquire and report upon their ■various titles, and shares therein.
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PETITION for the sale of land for partition, beard upon exceptions to the report of the commissioner, by Logan, J. at •Spring Term 1868, of the Court of Equity for Gaston. The petition having been filed by numerous parties, it was referred to a commissioner to inquire and report upon their ■various titles, and shares therein. In the course of such investigation three questions arose which having been decided by the commissioner and reported accordingly, exceptions were ■filed by the parties interested adversely to such decision. The first exception was by W. J. Stowe, one of the parties: “ In…
1Opinion of the CourtReade, J.
The first exception is sustained. The grant to W. J. Stowe, “ To have and to hold said land to him, his heirs, executors and administrators, for and during the period of his natural life; at his d§ath, to go to the heirs of his body, to them, their heirs and assigns forever, ” vests in them an estate tail; and that, by our statute is changed into a fee simple. F olk v. Whitley, 8 Ire. 133. The limitation over, “And in default of heirs of his body, living at his death, to go to L. J. Pegram, and the heirs of her body, ” is void.
The second exception is overruled. The paper writing in Arkansas…
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