Whichard v. Whitehurst
Supreme Court of North Carolina
Appeal by plaintiffs from Devin, J., at January Term, 1921, of Pitt. Tbis case was submitted under C. S., 961, upon the following “facts agreed.” In 1871 John E. 'Whichard and bis wife conveyed to tbeir daughter the land in controversy, duly described, “unto said Anne E. Page and her nearest blood relations forever.”
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Appeal by plaintiffs from Devin, J., at January Term, 1921, of Pitt. Tbis case was submitted under C. S., 961, upon the following “facts agreed.” In 1871 John E. 'Whichard and bis wife conveyed to tbeir daughter the land in controversy, duly described, “unto said Anne E. Page and her nearest blood relations forever.” At the date of said deed, said Anne E. Page bad living one son, named Billy Page, who died before reaching his majority, and left no children, but since the date of said deed there has been born to her five children, who were living when Billy died. In 1910 said Anne E. Page…
1Opinion of the CourtClark, C. J.
Prior to the act of 1879, now C. S., 991, the word “heirs” was generally held necessary to the creation of a fee-simple estate in conveyances, but there was an exception as to devises and equitale estates, as to which it was held that an estate of inheritance would generally pass without the word “heirs” if such was the clear intent of the parties. Holmes v. Holmes, 86 N. C., 205-207, cited by Hoke, J.: Smith v. Proctor, 139 N. C., 319. This conveyance is in the nature of a devise, or rather is a substitute for it, and is so expressed.
This is not a conveyance to Anne E. Page for life only and…
2Cases cited16 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Gudger v. White.Supreme Court of North Carolina · 1906
- Vickers v. . LeighSupreme Court of North Carolina · 1889
- Beacom v. AmosSupreme Court of North Carolina · 1913
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3Cited by3 opinions
- Stephens Co. v. LiskSupreme Court of North Carolina · 1954
- Guilford v. . PorterSupreme Court of North Carolina · 1914
- Rackley v. . ChestnuttSupreme Court of North Carolina · 1892