Ham v. . Ham
Supreme Court of North Carolina
William Smith in the year 1832, made his will, and among other similar provisions for his other children, provided as follows : “ 1 give unto my daughter Caren Ham, “ a certain tract of piney woods land that I bought of “ Timothy Mooring; also I lend unto her my negro girl “ Mary, and my negro man Hopton during her lifetime or “ widowhood; and then I give them to her lawful heirs for “ them and their heirs forever.”
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William Smith in the year 1832, made his will, and among other similar provisions for his other children, provided as follows : “ 1 give unto my daughter Caren Ham, “ a certain tract of piney woods land that I bought of “ Timothy Mooring; also I lend unto her my negro girl “ Mary, and my negro man Hopton during her lifetime or “ widowhood; and then I give them to her lawful heirs for “ them and their heirs forever.” The plaintiffs were the children of the defendant Caren Ham, and in their bill they stated that she had sold the negro girl Mary, and they feared that she would also sell the man…
1Opinion of the Court
Daniel, Judge,
after stating the case, proceeded as follows. — The land mentioned in the recited clause of the will, we think, is clearly and absolutely given in fee to Mrs. Ham. And if the subsequent words in the clause which relate to the slaves, had related to the land, then there would be no doubt but Mrs. Ham would be entitled to the whole fee, by force of the rule in Shelley's Case, 1 Coke Rep. 92. That rule is, that when in any instrument an estate of freehold is given to the ancestor, and afterwards by the same instrument the inheritance is limited either mediately or immediately to…
2Cited by10 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Whitley v. ArensonSupreme Court of North Carolina · 1941
- Perry v. HackneySupreme Court of North Carolina · 1906
- Perry v. . HackneySupreme Court of North Carolina · 1906
- Riegel v. LyerlySupreme Court of North Carolina · 1965
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