Harrell v. . Hagan
Supreme Court of North Carolina
Civil aotio-N to recover laud, tried on case agreed, before Neal, J., at October Term, 1901, of tbe Superior Court of Edgecombe County.
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Civil aotio-N to recover laud, tried on case agreed, before Neal, J., at October Term, 1901, of tbe Superior Court of Edgecombe County. From’the facts agreed it appeared tbat Elisha Harrell died domiciled aud resident in Edgecombe County, seized and possessed of the land in controversy, and leaving him surviving his widow, Anne Eliza Harrell, and several sons and daughters ; that item 2 of the will of Elisha Harrell, duly executed and admitted to probate in said county, contained the following devise: “I lend unto my wife, Anne Eliza Harrell, 290 acres of land during her natural life or…
1Opinion of the Court
Hoke, J.,
after stating the case: The clause of the will here in question conveyed to the four daughters named an estate of remainder in fee, after the life estate of their mother, and determinable as to each holder’s share on her dying without leaving a lawful heir. Sessoms v. Sessoms, 144 N. C., 121; Whitfield v. Garris, 134 N. C., 24. Under several of the more recent decisions of the Court, the event by which the interest of each is to be determined must be referred, not to the death of the devisor, but to that of the several takers of the estate in remainder, respectively, without leaving…
2Cases cited14 opinions
- Shields v. ThomasSupreme Court of the United States · 1856
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Hilliard v. . KearneySupreme Court of North Carolina · 1853
- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Smith v. Ellington-Guy Lumber Co.Supreme Court of North Carolina · 1911
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- Poindexter v. WACHOVIA BANK AND TRUST COMPANYSupreme Court of North Carolina · 1963
- Perrett v. . BirdSupreme Court of North Carolina · 1910
27 more not listed; retrieve them via the Exa API.