West Ex Rel. West v. Murphy

If under the fifth item of her grandfather’s will Bertie Hill acquired a defeasible fee which became absolute when she died leaving issue, the plaintiff, her son, would be deemed to have taken by descent from his mother and not as a purchaser by implication under the will. Whitfield v. Garris, 134 N. C., 24. In this event he would be estopped by his mother’s deed. Crawley v. Stearns, 194 N. C., 15. But if the devise be construed as a gift to the granddaughter for her life with remainder by implication to her son, the latter will be regarded as a purchaser and will not be denied the right to…