Elwood v. . Plummer
Supreme Court of North Carolina
Civil ActioN to recover Possession of Land, tried at Eall Term, 1877, of MecKLENburu Superior Court, before Kerr, J. A. C. Miller died intestate in Mecklenburg County, and the plaintiffs — Sophia Ellwood, M. J. Orr (wife of J. L. Orr) and T. J. Wilson — were his only heirs at law.
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Civil ActioN to recover Possession of Land, tried at Eall Term, 1877, of MecKLENburu Superior Court, before Kerr, J. A. C. Miller died intestate in Mecklenburg County, and the plaintiffs — Sophia Ellwood, M. J. Orr (wife of J. L. Orr) and T. J. Wilson — were his only heirs at law. The land described in the complaint was in the possession of the defendants who claimed the same under the will of Susannah Alexander, only the 5th item of which accompanies the ■case, and is ; — “ I give, &c., to Silas Orr my plantation to have and to hold in trust for the sole use of my two daughters during their…
1Opinion of the CourtFaircloth, J.
The only question presented by the record is whether the estate of R. A. Plummer was a vested or contingent interest at the time of the Sheriff’s sale, dur ing the term of the life tenant, and that depends on the question whether his estate vested at the death of the testatrix or at the death of the surviving life’ tenant who is now dead. This seems to be a plain question both from the authorities and the language of the testatrix.
A copy of the entire will is not before us, but only extracts from which alone we are to gather the intention. If the intention was uncertain and doubtful, the…
2Cases cited1 opinion
- Sutton v. . WestSupreme Court of North Carolina · 1877
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