Dunn v. . Hines
Supreme Court of North Carolina
Appeai, by defendants from Whedbee, J., at'December Term, 1912, of JONES. Controversy submitted upon an agreed state of facts, as follows : •1. That E. 33. Isler, late of the county of Jones, some time before 21 April', 1891, died, leaving a last will and testament, which was duly and regularly admitted to probate in said county, a copy of-which is hereto attached and made a part of the case.
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Appeai, by defendants from Whedbee, J., at'December Term, 1912, of JONES. Controversy submitted upon an agreed state of facts, as follows : •1. That E. 33. Isler, late of the county of Jones, some time before 21 April', 1891, died, leaving a last will and testament, which was duly and regularly admitted to probate in said county, a copy of-which is hereto attached and made a part of the case. The second item of the will, which is the material one in this matter, is as follows: “I give to my wife, Susan C. Isler, the tract of land in Jones County on which I live, during her natural life or…
1Opinion of the Court
Waukeb, J.,
after stating the case: The question turns upon the -point as to what meaning we will give to the words of the settlement, “without marriage and children of the age of 21 • years or bodily heirs of such children,” for there is an ulterior or alternative limitation in the form of an executory devise, to the testator’s son, William B. Isler, and should those words be construed to mean that if Carrie E. Isler (now Mrs. Dunn) dies a widow and without leaving children, the estate could not vest absolutely in any one until her death,, but would remain contingent until that event takes…
2Cases cited6 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Hilliard v. . KearneySupreme Court of North Carolina · 1853
- Anderson v. WilkinsSupreme Court of North Carolina · 1906
- American Trust Co. v. NicholsonSupreme Court of North Carolina · 1913
- Galloway v. . CarterSupreme Court of North Carolina · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Carroll v. HerringSupreme Court of North Carolina · 1920
- Gordon v. . EhringhausSupreme Court of North Carolina · 1925
- Goode v. . HearneSupreme Court of North Carolina · 1920
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