Howell v. . Mehegan
Supreme Court of North Carolina
Civil actioh tried before Whedbee, J., at the ¿Tune Term, 1917, of Edgecombe. This is an action to determine the title to land. Francis L. Bond'was formerly the owner of the land in controversy.
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Civil actioh tried before Whedbee, J., at the ¿Tune Term, 1917, of Edgecombe. This is an action to determine the title to land. Francis L. Bond'was formerly the owner of the land in controversy. He died leaving a last will and testament, the parts material to this controversy being as follows: “To my brother, John M. Bond, the residue of lot No. 102, beginning at a point on Granville Street 115 feet 4 inches from the corner of Granville and Trade streets; thence running along the line of the part thereof devised to Mary Dawson and parallel with Trade Street a distance of 153 feet to Thomas…
1Opinion of the CourtAlleN, J.
The devise to John M. Bond lapsed by reason of his death prior to the death of the testator, and he does not come within the exception to the rule provided for in section 3144 of the Eevisal because he was not “a child or other issue of the testator.” The heirs of John M. Bond have, therefore, no title to the land in controversy.
Did the land devised to him pass' to Martha E. Bond as residuary devisee, or did Erancis L. Bond die intestate as to this land? This pre sents tbe question at issue between tbe plaintiffs and tbe defendants, wbo are beirs of Francis L. Bond.
Tbe statute (Rev., sec.…
2Cases cited5 opinions
- Sorrey v. . BrightSupreme Court of North Carolina · 1835
- Holton v. Jones.Supreme Court of North Carolina · 1903
- Lea v. . BrownSupreme Court of North Carolina · 1857
- Conyers v. BowenSupreme Court of Georgia · 1860
- Feimster v. . TuckerSupreme Court of North Carolina · 1859
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