Hauser v. Craft.
Supreme Court of North Carolina
ActioN by W. IT. Hauser and others against W. W. Craft and others, heard by Judge IF. II. Neal, at May Term, 1903, of the Superior Court of Fousyti-i County.
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ActioN by W. IT. Hauser and others against W. W. Craft and others, heard by Judge IF. II. Neal, at May Term, 1903, of the Superior Court of Fousyti-i County. This is an action for the recovery of real property which was tried in the Court below upon the following case agreed: “1. Isaiah Coe died sometime in 1836, leaving a last will and testament dated February 5, 1836, in which are these words and figures: “Item 3. I give unto my granddaughter Katherine Scott a tract of land called the Elder tract, being 166 acres, which adjoins Janus Fletcher. Also one negro woman named Rett and one boy…
1Opinion of the Court
Walker, J.,
after stating the case. We decided at the last term in Whitfield v. Garris, 134 N. C., 24, that when property is given to a person absolutely, and if he should die without leaving children, or heirs of his body, then over, the primary devisee takes a fee defeasible on his dying without leaving children, and that the children, if he leave any, take no estate as purchasers under the will by implication. If the first taker dies leaving children and without having disposed of his defeasible estate, the children take from him by descent and they cannot take it by implication as…
2Cases cited9 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Leathers v. . GraySupreme Court of North Carolina · 1888
- Mills v. . ThorneSupreme Court of North Carolina · 1886
- Ward v. . JonesSupreme Court of North Carolina · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- In Re Estate of BlakeCalifornia Supreme Court · 1910
- Anderson v. WilkinsSupreme Court of North Carolina · 1906
- Jolley v. . HumphriesSupreme Court of North Carolina · 1933
- West Ex Rel. West v. MurphySupreme Court of North Carolina · 1929
- Whitten v. PeaceSupreme Court of North Carolina · 1924
20 more not listed; retrieve them via the Exa API.