Legal Opinion

Faison v. . Odom

Supreme Court of North Carolina

Decided March 12, 1907PublishedCited by 9 opinions

ActioN of ejectment, heard at October Term, 1906, of Sampson Superior Court, before J ones, Jan,d a jury. The plaintiffs claimed title under the will of "William Eaison, as remainderman. His Honor held that E. L. Eaison, the plaintiffs’ father, took a fee under said will under the Rule in Shelley’s Case and that the plaintiffs took nothing. The plaintiffs submitted to a nonsuit and .appealed.

1Opinion of the CourtBrown, J.

Tbe plaintiffs’ right to recover depends upon the construction placed upon the eighth item of the will of William Faison, dated 18 May, 1855, and which, relieved of unnecessary surplusage, reads as follows: “I give, devise and bequeath unto my son, Matthew J. Eaison,' and his heirs, in trust for the use and benefit of my son Edward, during his life, my Chestnut lands on the west side of the Six Runs, etc., and after the death of my said son Edward, to his issue forever; and in case of his death without leaving issue, I give, devise and bequeath the lands devised in trust to him unto his…

2Cases cited3 opinions

  1. Starnes v. . HillSupreme Court of North Carolina · 1893
  2. Rollins v. . KeelSupreme Court of North Carolina · 1894
  3. Hauser v. Craft.Supreme Court of North Carolina · 1904

3Cited by9 opinions

  1. Poindexter v. WACHOVIA BANK AND TRUST COMPANYSupreme Court of North Carolina · 1963
  2. Griffin v. SpringerSupreme Court of North Carolina · 1956
  3. Ford v. . McBrayerSupreme Court of North Carolina · 1916
  4. Faison v. . KellySupreme Court of North Carolina · 1908
  5. Jones v. StoneCourt of Appeals of North Carolina · 1981

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