Mills v. . Thorne
Supreme Court of North Carolina
This was a oivil ACTION, tried before Philips, Judge, at the Fall Term, 1886, of WilsoN Superior Court, upon the following case agreed: Gray Lodge, of the county of Wilson, died in January, 1881, leaving a last will and testament, dated NoA^ember 3d, 1866, which was duly proven and admitted to probate, that portion of said will which is material to this cause being in these words: “ After all my just debts are paid and discharged, the residue of my estate, real and personal,…
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This was a oivil ACTION, tried before Philips, Judge, at the Fall Term, 1886, of WilsoN Superior Court, upon the following case agreed: Gray Lodge, of the county of Wilson, died in January, 1881, leaving a last will and testament, dated NoA^ember 3d, 1866, which was duly proven and admitted to probate, that portion of said will which is material to this cause being in these words: “ After all my just debts are paid and discharged, the residue of my estate, real and personal, I give, bequeath and dispose of as follows, to-wit: To my beloved wife, all the land I now possess, known as the Odom…
1Opinion of the CourtAsi-ie, J.
(after stating the facts). The question to be decided in this case is, whether the rule in Shelly’s case applies. The rule is : “ That when the ancestor, by any gift or conveyance, taketh an estate of' freehold, and in the same gift ■or conveyance, an estate is limited, either mediately or immediately to his heirs in fee or in tail, the word heirs are words ■of limitation of the estate, and not words of purchase.” 1 Coke, 104. Without deciding the question whether the rule has been abolished by statute in this State, if we should consider the case solely in view of English adjudications, we…
2Cases cited1 opinion
- Prescott v. Prescott's HeirsCourt of Appeals of Kentucky · 1849
3Cited by27 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Jones v. . WhichardSupreme Court of North Carolina · 1913
- May v. Lewis.Supreme Court of North Carolina · 1903
- Leathers v. . GraySupreme Court of North Carolina · 1888
- Nichols v. . GladdenSupreme Court of North Carolina · 1895
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