Cross v. . Camp
Supreme Court of North Carolina
Cause transmitted to the Supreme Court from the Court of Equity of Northampton County, at the Fall Term 1850. Lucy C. Rives, late of Northampton, by her will gate certain real estate, and also her negroes and every other’ kind and description of property owned by her to her two infant daughters Sarah Rives and Mary Rites for their lives respectively, with the following limitations: That if one of them should die without leaving a child surviving her, the whole property shall…
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Cause transmitted to the Supreme Court from the Court of Equity of Northampton County, at the Fall Term 1850. Lucy C. Rives, late of Northampton, by her will gate certain real estate, and also her negroes and every other’ kind and description of property owned by her to her two infant daughters Sarah Rives and Mary Rites for their lives respectively, with the following limitations: That if one of them should die without leaving a child surviving her, the whole property shall vest in and go to the survivor of the two daughters : and if they or either of them should - marry and have issue, then…
1Opinion of the CourtRuffin, C. J.
The tenant for life of a residue or of a sum of money can have the interest only ; for, in effect, he is the donee of an annuity measured by the interest. The solvency of one in the best credit now is so uncertain as to-any future time, especially through his life time, as not to-authorize his having in his hands, or his own credit, money which must go over to others at his death. The executor,, therefore, ought not to have paid the money part of the-estate to the daughter’s guardian, but ought to have required it to be invested under the direction of the Court for the benefit of all who, may…
2Cited by1 opinion
- Williams v. . HowardSupreme Court of North Carolina · 1819