Swann v. . Myers
Supreme Court of North Carolina
Civil ActioN, for the proper construction of a will, commenced on the 9th day of April, 1873, in the Superior Court of New Hanover County, and thence removed to Columbus County, upon the affidavit of plaintiffs, and there tried before McKoy, J., at Spring Term, 1876. The suit was instituted to recover a certain storehouse and lot on Front street, in the eity of Wilmington, claimed by plaintiffs as tenants in common, and damages for its detention.
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Civil ActioN, for the proper construction of a will, commenced on the 9th day of April, 1873, in the Superior Court of New Hanover County, and thence removed to Columbus County, upon the affidavit of plaintiffs, and there tried before McKoy, J., at Spring Term, 1876. The suit was instituted to recover a certain storehouse and lot on Front street, in the eity of Wilmington, claimed by plaintiffs as tenants in common, and damages for its detention. Plaintiffs claim under the will of Alice Heron, deceased, which was duly proved at May Term, 1813, of the Court of Pleas and Quarter Sessions of New…
1Opinion of the CourtPearson, C. J.
The will of Mrs. Heron shows on its face that it was written by one who had just enough “ law learning ” to confuse him and to confound the judges and lawyers who are called on to say what it means.
Why, the draftsman declares a use to the executors for the use of Frances Heron for life, and then for the use of her children, so as to make it a use upon a use, and take it out of the operation of 27 Hen. 8 ; and why he limits the legal estate to the executors of the surviving executor, instead of to the surviving executor and his heirs, which is the technical woi’d to make a fee simple, we are…
2Cited by5 opinions
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- King v. . RhewSupreme Court of North Carolina · 1891
- Combs v. PorterSupreme Court of North Carolina · 1950
- Hannon v. . GrizzardSupreme Court of North Carolina · 1887
- Swann v. . MyersSupreme Court of North Carolina · 1878