Ford v. . McBrayer
Supreme Court of North Carolina
Appeal by plaintiffs from Ilariing, J., at August Term, 1915, of Eutherford. This is a proceeding for the partition of a tract of land formerly belonging to Joshua Ford, who died leaving a will, the parts of which material to this controversy are as follows: “Third. It is my will that my daughter Laura and son John shall have the tract of land on which I now live, containing 84% acres, to be equally divided between them.
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Appeal by plaintiffs from Ilariing, J., at August Term, 1915, of Eutherford. This is a proceeding for the partition of a tract of land formerly belonging to Joshua Ford, who died leaving a will, the parts of which material to this controversy are as follows: “Third. It is my will that my daughter Laura and son John shall have the tract of land on which I now live, containing 84% acres, to be equally divided between them. Said Laura’s part to be hers as long as she lives, and then to go to her bodily issue; and, if she should marry, that my son John shall see that her husband shall not dispose…
1Opinion of the CourtAlleN, J.
The rule in Shelley’s case is well established as a rule of property in this State. It is much older than the case which has given it a name, which was decided in the reign of Queen Elizabeth.
“Some writers trace its origin to the feudal system, which favors the taking of estates by descent rather than by purchase, because in the former case the rights of wardship, marriage, relief, and other feudal incidents attached, while in the latter the taker was relieved from those burdens. Others attribute it to the aversion of the common law to fees in abeyance, a desire to promote the transferability…
2Cases cited10 opinions
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Puckett v. . MorganSupreme Court of North Carolina · 1912
- Daniel v. WhartenbySupreme Court of the United States · 1873
- Beacom v. AmosSupreme Court of North Carolina · 1913
- Foster v. HackettSupreme Court of North Carolina · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bradford v. JohnsonSupreme Court of North Carolina · 1953
- Whitson v. BarnettSupreme Court of North Carolina · 1953
- Turpin v. . JarrettSupreme Court of North Carolina · 1946
- Barnes v. HouseSupreme Court of North Carolina · 1960
- Foster v. . HackettSupreme Court of North Carolina · 1893
10 more not listed; retrieve them via the Exa API.