Beam v. . Jennings
Supreme Court of North Carolina
EJECTMENT tried at Spring Term, 1883, of CleavelANI) Superior Court, before Shipp, J. The plaintiffs claimed the land in dispute as children and heirs-at-law of Annie Beam, who was the daughter and heir of John Long, who died about the year 1819 or 1820, and the said Annie married Peter Ream during ilie life of her father.
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EJECTMENT tried at Spring Term, 1883, of CleavelANI) Superior Court, before Shipp, J. The plaintiffs claimed the land in dispute as children and heirs-at-law of Annie Beam, who was the daughter and heir of John Long, who died about the year 1819 or 1820, and the said Annie married Peter Ream during ilie life of her father. The plaintiffs showed the title out of the state, and that said John Long bought the land from Samuel Irwin, and they offered evidence-tending to establish the fact that John Long had occupied and claimed the land for more than seven years under his deed from Irwin, but the…
1Opinion of the CourtAsiib, J.
The only question arising on the appeal is, whether there was error in the judge’s charge to the jury, and that involves the inquiry whether in a devise of lands to be sold, and the money arising from the sale to be divided among certain persons, the legal estate is vested, upon the death of the testator, in the executors of-the will, or descends to the heirs, to be held by them until the power is executed.
On this question there is, in the decisions of the courts and among the text-writers, considerable diversity of opinion. Some hold, with whom is Mr. Hakgkave, in his note on Coke Litt, 113,…
2Cited by9 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Speed v. PerrySupreme Court of North Carolina · 1914
- Speed v. . PerrySupreme Court of North Carolina · 1914
- Munds v. . CassideySupreme Court of North Carolina · 1887
- Barbee v. . CannadySupreme Court of North Carolina · 1926
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