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…
1DissentAllen, J.
The determination of the controversy between the plaintiffs and defendants requires the consideration of the act of 1827, now Rev., sec. 1581, which is 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 limi-t-ation to take effect when such person shall die, not having such heir, or issue, -or child, or offspring, or descendant'or other.relative (as the case may be)…
2Cases cited12 opinions
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Hilliard v. . KearneySupreme Court of North Carolina · 1853
- Stephenson v. BoodyIndiana Supreme Court · 1894
- Harrell v. . HaganSupreme Court of North Carolina · 1908
- Springer v. . ShavenderSupreme Court of North Carolina · 1895
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