Legal Opinion

Sutton v. . West

Supreme Court of North Carolina

Decided June 5, 1877PublishedCited by 5 opinions

Case Agreed beard at Spring Term, 1876, of LeNOIR Superior Court, before Seymour J. One E. T. West died in Lenoir County in 1865, leaving a last will and testament appointing tbe defendant bis executor. Elizabeth A. West, one of tbe legatees under tbe will, married tbe plaintiff Benjamin Sutton and died intestate in 1867, and ber husband was appointed her administrator.

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Case Agreed beard at Spring Term, 1876, of LeNOIR Superior Court, before Seymour J. One E. T. West died in Lenoir County in 1865, leaving a last will and testament appointing tbe defendant bis executor. Elizabeth A. West, one of tbe legatees under tbe will, married tbe plaintiff Benjamin Sutton and died intestate in 1867, and ber husband was appointed her administrator. That portion of tbe will necessary to an understanding of the opinion is as follows: “ 2. I give to each of my nine youngest children, to wit, * * * Elizabeth A. West, and (naming them), as they shall arrive at the age of…

1Opinion of the CourtEodmaN, J.

It is conceded that the words “if,” and “when,” are ordinarily words of condition, or of conditional limitation. Guyther v. Taylor, 3 Ire. Eq. 323; Giles v. Franks, 2 Dev. Eq. 521. It is equally clear that their meaning may be controlled by provisions in the will which show an intent that the legacy shall be vested. If the third clause in the present will stood alone, we probably should consider the legacy of $500 to Elizabeth West, as contingent on her being alive when the youngest child of the testator became twelve years of age. The language of the fourth clause as well as that of the…

2Cited by5 opinions

  1. Coddington v. . StoneSupreme Court of North Carolina · 1940
  2. Wandell v. JohnsonMontana Supreme Court · 1924
  3. Hooker v. Bryan.Supreme Court of North Carolina · 1906
  4. Elwood v. . PlummerSupreme Court of North Carolina · 1878
  5. Conly v. . KincaidSupreme Court of North Carolina · 1864

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