Wilkerson v. . Bracken
Supreme Court of North Carolina
Appeal from the Superior Court of Orange county., at Spring Term, 1842, his Honor Judge Dick presiding. This was an action on the case in the nature of an action of -waste, brought by the plaintiff, claiming to be tenant in fee in remainder, after the life estate of the defendant, in certain lands lying in the county of Orange.
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Appeal from the Superior Court of Orange county., at Spring Term, 1842, his Honor Judge Dick presiding. This was an action on the case in the nature of an action of -waste, brought by the plaintiff, claiming to be tenant in fee in remainder, after the life estate of the defendant, in certain lands lying in the county of Orange. And the parties agreed to submit, and did submit the same to the judgment of the court, upon the following facts stated, as a case agreed, to wit: John Bracken, in the year purchased the said lands, and in the year departed this life, seized of the same in fee, having…
1Opinion of the CourtRuffin, C. J.
As the devise from John Bracken to his daughter did not change the nature and the quality of the estate, which she would have taken had he died intestate, phe took by descent and not by devise; according to the well known preference of the common law for the title of descent. But it is, in truth, not material to consider that point, inasmuch as the fourth canon of descent puts a devise between such parties on the same footing with a descent.
We have, then, the case of a purchase by John Bracken; a descent from him to his daughter, Julia Ann; and then a second descent from her to her daughter,…
2Cited by6 opinions
- Poisson v. . PettawaySupreme Court of North Carolina · 1912
- Ex Parte BarefootSupreme Court of North Carolina · 1931
- Yelverton v. . YelvertonSupreme Court of North Carolina · 1926
- Chastain v. LarneySupreme Court of Oklahoma · 1928
- Estate of KnightCalifornia Court of Appeal · 1943
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