Mason v. . White
Supreme Court of North Carolina
This was a petition for the division of slaves, which came up from the County Court, and was tried before Heath, J., at the Spring Term, 1861, of Perquimons Superior Court. The case is this : In the year 1838, Henry Hollowell died, leaving a last will, which was duly proved and recorded.
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This was a petition for the division of slaves, which came up from the County Court, and was tried before Heath, J., at the Spring Term, 1861, of Perquimons Superior Court. The case is this : In the year 1838, Henry Hollowell died, leaving a last will, which was duly proved and recorded. In the said will, after a trifling legacy to his brothers and sisters, occurs the following clause: “ I give and bequeath to my beloved wife, Elizabeth Hollowell, the remainder of my estate, both real and, personal, during her natural life, and at her death to be equally divided among her children.” At the…
1Opinion of the CourtPearson, C. J.
The question presented is too plain to admit of discussion; a legacy given to a class immediately, vests absolutely in the persons composing that class at the death of the testator; for instance, a legacy to the children of A: the children in esse at the death of the testator take estates vested absolutely, and there is no ground upon which children who may be born afterwards can be let in.
A legacy given to a class subject to a life-estate, vests in the persons composing that class at the death of the testator; but not absolutely; for it is subject to open, so as to make room for all persons…
2Cited by16 opinions
- Lide v. MearsSupreme Court of North Carolina · 1949
- Parker v. ParkerSupreme Court of North Carolina · 1960
- Griffin v. SpringerSupreme Court of North Carolina · 1956
- Joyner v. DuncanSupreme Court of North Carolina · 1980
- Wachovia Bank & Trust Co. v. StevensonSupreme Court of North Carolina · 1928
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