Leathers v. . Gray
Supreme Court of North Carolina
This was a civil actiok, tried before Connor, Judge, at the November Term, 1886, of OraNGE Superior Court, upon the following case agreed: I. That bj’' tire will of Joseph Armstrong, dated the 23d II.
Read the full summary
This was a civil actiok, tried before Connor, Judge, at the November Term, 1886, of OraNGE Superior Court, upon the following case agreed: I. That bj’' tire will of Joseph Armstrong, dated the 23d II. That on the 5th day of December, 1845, John B. Leathers and Parthenia and J. W. Armstrong, by J. B. Leathers, his agent and attorney in fact, duly appointed (Peggy Armstrong then being dead), executed to the defendant William J. Gray, in consideration of the sum of seventeen hundred and sixty dollars and twenty-five cents, a fee simple deed to the above described lands, with warranty, and said…
1Opinion of the Court
Davis, J.,
(after stating the facts). The sole question presented for our consideration is, did Parthenia Leathers take •an estate in fee, under the will of Joseph Armstrong, by the •operation of the Rule in Shelley’s case — or did she take only an estate for life, with remainder to her children? In what sense were the words “heirs or heiresses” used by the testator? Were they used to denote the indefinite succession of persons in infinitum, technically designated by the word “heirs?” If so, the Rule in Shelley’s case applies, and Par-thenia took an estate in fee.
Prof. Minor, in his “…
2Cases cited1 opinion
- King v. . UtleySupreme Court of North Carolina · 1881
3Cited by7 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Doyle v. AndisSupreme Court of Iowa · 1905
- Wallace v. . WallaceSupreme Court of North Carolina · 1921
- Harward v. . EdwardsSupreme Court of North Carolina · 1923
- Jarvis v. . WyattSupreme Court of North Carolina · 1825
2 more not listed; retrieve them via the Exa API.