Ward v. . Jones
Supreme Court of North Carolina
Cause removed from the Court of Equity of Warren County, at the Fall Term 1848. The bill is filed for an account of the estate of John L. Ward. The defendant, who is the administrator of the said John L. Ward, with the will annexed, submits to an account, The only question, about which the parties differ, is, whether by the will of Benjamin Ward, the said John L Ward was entitled to an estate in fee simple, or to an estate for life in the tract of land on which he lived.
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Cause removed from the Court of Equity of Warren County, at the Fall Term 1848. The bill is filed for an account of the estate of John L. Ward. The defendant, who is the administrator of the said John L. Ward, with the will annexed, submits to an account, The only question, about which the parties differ, is, whether by the will of Benjamin Ward, the said John L Ward was entitled to an estate in fee simple, or to an estate for life in the tract of land on which he lived. By one clause of the will of the said Benjamin, he de> vises and bequeathes as follows : “To my son Benjamin, and, should…
1Opinion of the CourtPearson, J.
The devise is, in effect, to John L. Ward for life and should he leave lawful issue, then the negroes and land to be equally divided between his lawful issue ; but should he not leave lawful issue, then the negroes and land to be sold and divided &c.
The effect of the words “to be equally divided" in a devise of land, made before the year 1784, to one for life and after his death to be divided between his lawful issue and for want of such issue then over, is very ably discussed by Judge Daniel in the case of Ross v. Toms, 4 Dev. 376, and the Court decided, that the words do not prevent the…
2Cited by27 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Jones v. . WhichardSupreme Court of North Carolina · 1913
- Willis v. Mutual Loan & Trust Co.Supreme Court of North Carolina · 1922
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
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