Whitley v. Arenson

The only material exception and assignment of error to be considered: Did the court below err in signing the judgment set out in the record? I think so.

N. C. Code, 1939 (Miehie), sec. 1739, is as follows: “‘Heirs’ construed ‘children’ in certain limitations. — A limitation by deed, will, or other writing, to the heirs of a living person, shall he construed to be the children of such person, unless a contrary intention appear by the deed or will.”

It seems that the main object of the section is to convert a contingent into a vested remainder under .certain circumstances. It seems also to have…