Silliman v. . Whitaker
Supreme Court of North Carolina
ActioN of ejeotment, tried at April Term, 1896, of EkakKliN Superior Court. The facts admitted were as follows : “1. That Richard Ward died in Franklin county, N. C., in the year 1849, seized of the tract of land for the recovery of which this suit is instituted.
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ActioN of ejeotment, tried at April Term, 1896, of EkakKliN Superior Court. The facts admitted were as follows : “1. That Richard Ward died in Franklin county, N. C., in the year 1849, seized of the tract of land for the recovery of which this suit is instituted. “ 2. That he left a last will and testament, which was duly proven at the March Term, 1850,' of the^Court o^ Pleas and Quarter Sessions for Franklin bounty, was admitted to probate and is of record in said county, in Book hi, page 326, et seq., a copy of which is filed with plaintiff’s complaint. “ 3. That in said will the testator…
1Opinion of the Court
Clakk, J.:
The devise was to trustees “ in trust for Sarah Ward and all her children, if she shall have any.” It was settled in Wild’s case, 6 Rep., 17, (3 Coke’s Rep., 288,) decided in the 41st year of Elizabeth, that a devise to B and his (or her) children, B having no children when the testator died, is an estate tail. If he have children at that time, the children take as joint tenants with the parent. This has been uniformly followed in England. In the late case in the House of Lords of Clifford v. Koe, 5 App., 447, Wild’s case was reaffirmed, opinions being delivered seriatim by Lord…
2Cases cited9 opinions
- Williams v. . HassellSupreme Court of North Carolina · 1876
- Young v. . YoungSupreme Court of North Carolina · 1887
- Hampton v. . WheelerSupreme Court of North Carolina · 1888
- Moore v. . LeachSupreme Court of North Carolina · 1857
- Gay v. . BakerSupreme Court of North Carolina · 1860
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- Elkins v. . SeiglerSupreme Court of North Carolina · 1911
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