Doe on the Demise of Gibson v. Gibson
Supreme Court of North Carolina
This was an actioN of ejectmeNt, tried before SauNdbes, J., .at the lást Spring Term of Guilford Superior Court. Case A&eeed. The lessors of the plaintiff claim title as heirs and devisees of Andrew Gibson.
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This was an actioN of ejectmeNt, tried before SauNdbes, J., .at the lást Spring Term of Guilford Superior Court. Case A&eeed. The lessors of the plaintiff claim title as heirs and devisees of Andrew Gibson. The defendant also claims title under Andrew Gibson, the land being the same that is devised to Joseph Gibson; and the question grows out of, and depends upon, the construction of the following clauses of the said will, which'was made and published on the 24th day of February, 1823'. “ 5th. I will and devise unto Joseph Gibson, the tract of land on which I live, (reserving a life-estate,…
1Opinion of the CourtBattle, J.
The ease turns upon the construction of the will of Andrew Gibson, and the question is whether the limitation over, in the following clause, is too remote. “ I will and devise that if any of my children should die without issue begotten in wedlock, that their property return to, and be equally divided among all my children, the said Joseph, trustee, holding such part in trust that may, or shall come to my daughters, to their children.” The will was made before the 15th day of January, 1828, and, on that account, is not to be governed by the act of 1827, which declares that “dying without…
2Cited by11 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- House v. HouseSupreme Court of North Carolina · 1949
- Sain v. Baker.Supreme Court of North Carolina · 1901
- Wachovia Bank & Trust Co. v. GreenSupreme Court of North Carolina · 1954
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