Hooker v. Bryan.
Supreme Court of North Carolina
CONTROVERSY without action by Ella B. Hooker and others against Elizabeth Bryan and others, heard by Judge G. W. Ward, in the Superior Court of Beaufort. The pertinent facts presented by the record are as follows: Caroline Bonner died, having made her last will and testament disposing of certain real and personal property, and the parties, plaintiff and defendant, are claimants under said will.
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CONTROVERSY without action by Ella B. Hooker and others against Elizabeth Bryan and others, heard by Judge G. W. Ward, in the Superior Court of Beaufort. The pertinent facts presented by the record are as follows: Caroline Bonner died, having made her last will and testament disposing of certain real and personal property, and the parties, plaintiff and defendant, are claimants under said will. The rights of the parties depend upon the following items in said will: “5. I give the residue of my real estate to my beloved nephew, Eoscoe Hooker, upon his becoming 21' years of age, and lend the…
1Opinion of the Court
Hoke, J.,
after stating the ease: The words “on or upon” when affecting the quality of an estate in reference to the time of its vesting or enjoyment are substantially synonymous with “when.” Adams v. Williams, 2 Watts & S., 227; Wormath v. McCormick, 51 Pa. St., 504. In bequests of personal property these words usually import a condition, and, unless explained or controlled by some expressions or other provisions of the will, they are annexed as conditions precedent to the substance of the gift and render the interest contingent. This has been the doctrine in the English courts since the case…
2Cases cited9 opinions
- Roome v. . PhillipsNew York Court of Appeals · 1862
- Adams v. WilliamsSupreme Court of Pennsylvania · 1841
- Devane v. . LarkinsSupreme Court of North Carolina · 1857
- Fuller v. . FullerSupreme Court of North Carolina · 1859
- Guyther v. . TaylorSupreme Court of North Carolina · 1844
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sorrells v. McNallySupreme Court of Florida · 1925
- Coddington v. . StoneSupreme Court of North Carolina · 1940
- Jackson v. LangleySupreme Court of North Carolina · 1951
- Reynolds v. CommissionerCourt of Appeals for the Fourth Circuit · 1940
- Smiley v. JohnstonSupreme Court of Kansas · 1942
3 more not listed; retrieve them via the Exa API.