Patterson v. McCormick
Supreme Court of North Carolina
. Appeal by plaintiffs from Harding, J., at Mareb Term, 1918, of SCOTLAND. This is an action to recover land. Tbe lands in question were owned by Hugh L. Patterson, wbo c[ied September, 1870, leaving a will, wbicb reads as follows: In tbe name of God, Amen.
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. Appeal by plaintiffs from Harding, J., at Mareb Term, 1918, of SCOTLAND. This is an action to recover land. Tbe lands in question were owned by Hugh L. Patterson, wbo c[ied September, 1870, leaving a will, wbicb reads as follows: In tbe name of God, Amen. I make this my last will and testament, viz: Item 1. I will and bequeath to my beloved mother tbe plantation she now resides on during her lifetime, with all tbe growing crop and everything connected with tbe place, except as hereinafter mentioned. Item 2. I will and bequeath to my nephew John D. Jowers one sorrel horse, Charlie. Item 2. I…
1Opinion of the Court
Clare:, C. J.
This controversy turns almost entirely upon the construction given to these words in item 3 of the will, “In case they or either of them die without issue,” and this depends upon the act of 1827, now Rev., 1581, which reads as follows: “Every contingent limitation in any deed or will, made to depend upon the dying of any person without heir or heirs of the body, or without issue or issues of the body, or without children or offspring, or descendant, or other relative, shall be held and interpreted a limitation to take effect when such person shall die, not having such heir, or…
2Cases cited44 opinions
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- Hilliard v. . KearneySupreme Court of North Carolina · 1853
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- Sessoms v. . SessomsSupreme Court of North Carolina · 1907
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3Cited by28 opinions
- State v. BallanceSupreme Court of North Carolina · 1949
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- State v. MobleySupreme Court of North Carolina · 1954
- Willis v. Mutual Loan & Trust Co.Supreme Court of North Carolina · 1922
- Goode v. . HearneSupreme Court of North Carolina · 1920
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