Lefler v. . Rowland
Supreme Court of North Carolina
Bill, to obtain construction of a paragraph in the will of Thomas Rowland, filed to Fall Term, 1864, of the Court of Equity for Stanly, and then set for hearing upon bill and answer, and transmitted to this court.
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Bill, to obtain construction of a paragraph in the will of Thomas Rowland, filed to Fall Term, 1864, of the Court of Equity for Stanly, and then set for hearing upon bill and answer, and transmitted to this court. The paragraph was as follows: “My will and desire is, that my dearly beloved son, John A. Rowland, should live with me my lifetime, and if in case he will do so and help me pay all my just debts and demands against me, and treat me and his mother with humanity and kindness, I will and bequeath to him and his heirs and assigns forever all my tracts of land, except that I shall…
1Opinion of the CourtBattle, J.
A devise of land upon a condition precedent •can never take effect where the condition has become, in -any way, impossible to be performed. All the authorities ■agree in this: “ But by the civil law, which on this subject has been adopted by the Court of Equity, Avhen a condition precedent to the vesting of a legacy is impossible, the bequest is single, that is, discharged from the condition, and the legatee will be entitled as if the legacy were unconditional.” An exception to this rule in relation to legacies prevails where the condition is the motive, or as some authors say, the sole…
Also in this document: Per curiam.
2Cited by2 opinions
- Askew v. . DildySupreme Court of North Carolina · 1924
- Sparks v. . SparksSupreme Court of North Carolina · 1927