Clark v. . Cox

CLARK, J., did not sit on the hearing of this case. It is contended on the part of the plaintiffs that Louisa Clark and Olivia Cox, nee Norfleet, who died during the lifetime of Lucy S. Edwards, nee Norfleet, took no interest under the deed in trust that could be transmitted by descent; that their heirs, who are plaintiffs and defendants, took as purchasers individually as if they had been named in the said deed, and that the (96) fund should therefore be divided per capita and not per stirpes.

A perusal of the deed very clearly shows that it was not made in opsconsilii, and the language used…