Den on Dem. of Brown v. Brown
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Hertford County, his Honor Judge Bailey presiding. On the trial oí this ejectment the following iacts were agreed upon. Josiah Brown, Sen. died in the year ISO 1, having duly published his last will and testament in writing in - due form to pass real estate, which will was subsequently admitted to probate in the proper court.
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Appeal from the Superior Court of Law of Hertford County, his Honor Judge Bailey presiding. On the trial oí this ejectment the following iacts were agreed upon. Josiah Brown, Sen. died in the year ISO 1, having duly published his last will and testament in writing in - due form to pass real estate, which will was subsequently admitted to probate in the proper court. In the said will are the following clauses: “It is my will and desire, that my loving wife, Mary Brown, have'the use of one half of all my lands in Hertford county, and the other p'art to my son, Josiah Brown, and after my wife’s…
1Opinion of the CourtRuffin, C. J.
It is not to be denied, that at common law it was settled, that the words, “ if my son should die without lawful issue,” unexplained, imported, in a legal sense, the failure of issue at any indefinite time, whenever it might happen. And this was true, both in respect of real and personal property. There is in England a vast number of cases on this branch of the law ; beginning with that of Burford v Lee, 2 Freeman, 210, and coming down to a very late day. Recently, they have been elaborately reviewed by Lord Brougham, upon an appeal from the Vice Chancellor, in the case of Campbell v Harding,…
2Cited by8 opinions
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- House v. HouseSupreme Court of North Carolina · 1949
- Sain v. Baker.Supreme Court of North Carolina · 1901
- Patterson v. . McCormickSupreme Court of North Carolina · 1919
- White v. AlexanderSupreme Court of North Carolina · 1976
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