Wallace v. Avallace
Supreme Court of North Carolina
Appeal by petitioners from Devin, J., at September Term, 1920, of JOHNSTON. Special proceedings to sell land for partition, transferred on answers filed to tbe Superior Court, and beard on case agreed.
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Appeal by petitioners from Devin, J., at September Term, 1920, of JOHNSTON. Special proceedings to sell land for partition, transferred on answers filed to tbe Superior Court, and beard on case agreed. Tbe facts pertinent to tbe inquiry and bis Honor’s judgment tbereon are set forth in-tbe case on appeal as follows: “It was agreed by all tbe parties thereto, Abell & Ward representing tbe petitioners; Wellons & Wellons representing tbe defendant, Selina Wallace; and Parker & Martin representing tbe defendants other than Selina Wallace, that this case be beard upon tbe following agreed facts,…
1Opinion of the CourtHoxe, J.
The deed of Elisha Wallace to his son, C. A. Wallace, conveys the land in question to said C. A. Wallace, “to have and to hold during his natural lifetime, subject to a life support for the grantors, *161and after tbe death of 0. A. Wallace the land is to descend in fee simple to bis bodily heirs, if any, and if none, to go to his next of kin.” The grantee haying devised the property to his widow, remainder to the children of R. I. Wallace in fee, it becomes .necessary to determine what is the nature and extent of the estate conveyed, the widow insisting that her husband took a fee simple estate…
2Cases cited24 opinions
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Swasey v. Jaques.Massachusetts Supreme Judicial Court · 1887
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Puckett v. . MorganSupreme Court of North Carolina · 1912
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