Faison v. . Kelly
Supreme Court of North Carolina
Aotiok to recover land, tried before TV. B. Allen, and a jury, December Special Term, 1907, of Saiupsox. Plaintiffs, as children and issue of Edward L. Faison, deceased, claimed the land in controversy, under and by virtue of the will of Y\Tm.
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Aotiok to recover land, tried before TV. B. Allen, and a jury, December Special Term, 1907, of Saiupsox. Plaintiffs, as children and issue of Edward L. Faison, deceased, claimed the land in controversy, under and by virtue of the will of Y\Tm. Faison, in terms as follows: “Eighthly: I give, devise and bequeath unto my son, Matthew J. Faison and his heirs, in trust, for the use and benefit of my son, Edward L. Faison, during his life, after the determination of my wife’s estate in the lands devised to her, the land whereon I reside, my chestnut lands on the west side of Six Runs, any Meares,…
1Opinion of the Court
IToice, J.,
after stating the case: In Faison v. Odom, 144 N. C., 107, the Court, construing the clause of the will here in question, held that the same conferred only a life estate on the grantor of defendants, the Edward L. Faison mentioned in the will, and that, on his death, the plaintiffs, his children, could recover the land. In accordance with this ruling, the plaintiff’s recovered the land, and the question presented in this appeal is in reference to defendant’s claim to betterments. Speaking to this question, in a recent decision, Alston v. Connell, 145 N. C., 4, the Court said:
“This…
2Cases cited6 opinions
- Wharton v. . MooreSupreme Court of North Carolina · 1881
- Merritt v. . ScottSupreme Court of North Carolina · 1879
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1887
- Justice v. . BaxterSupreme Court of North Carolina · 1885
- Faison v. . OdomSupreme Court of North Carolina · 1907
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