Newkirk v. . Hawes
Supreme Court of North Carolina
Cause removed from the Court of Equity of New Hanover county. Abraham Newkirk, by his will, executed in 1823, bequeathed as follows, that is to say, I also lend unto my daughter, Penny Newkirk, during her natural life, the following ne-groes, viz: Dolly and Dinah, and Dinah’s children, viz., John, Bill, Caesar, Guilford, Peyton and Sam, also one bed and furniture, and at her decease, to the lawful heirs of her body, if any such there be, and if none, to return to the lawful…
Read the full summary
Cause removed from the Court of Equity of New Hanover county. Abraham Newkirk, by his will, executed in 1823, bequeathed as follows, that is to say, I also lend unto my daughter, Penny Newkirk, during her natural life, the following ne-groes, viz: Dolly and Dinah, and Dinah’s children, viz., John, Bill, Caesar, Guilford, Peyton and Sam, also one bed and furniture, and at her decease, to the lawful heirs of her body, if any such there be, and if none, to return to the lawful heirs of my body, and to be equally divided amongst them.” The testator died in the same year, 1823, and his will was…
1Opinion of the Court
PtíARSON, C. J.
Is the limitation over to the heirs of the body of the testator valid, or is it too remote? It is not necessary, in order to decide this question, to say whether Penny Newkirk took an estate, for life, with a limitation to the heirs of her body as purchasers at her decease, or whether she took the entire estate under the rule in Shelly’s case defeasi-ble, at her decease, to make room for the limitation over; for in either view, as she never had a child, the property will pass under the limitation over, provided it be not too remote.
We think the limitation over is valid, because…
2Cited by6 opinions
- Jenkins v. . LambethSupreme Court of North Carolina · 1916
- Baugham v. . Trust Co.Supreme Court of North Carolina · 1921
- Jernigan v. LeeSupreme Court of North Carolina · 1971
- Seawell v. CheshireSupreme Court of North Carolina · 1955
- Blake v. . PageSupreme Court of North Carolina · 1864
1 more not listed; retrieve them via the Exa API.