Allen v. . Smith
Supreme Court of North Carolina
Appeal by plaintiff from Devin, J., at the March Term, 1922, of Wake. This is a controversy as to the ownership of and title to the tract of land containing 242.5 acres in Swift Creek Township, Wake County, which is particularly described in the record.
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Appeal by plaintiff from Devin, J., at the March Term, 1922, of Wake. This is a controversy as to the ownership of and title to the tract of land containing 242.5 acres in Swift Creek Township, Wake County, which is particularly described in the record. The ability of the defendants to convey a good and perfect title to the plaintiff in compliance with their contract depends upon the true construction of Bryant Smith’s will, hereinafter set forth, Arthur E. Smith, the son of Bryant Smith, named therein, being dead and the widow of said Bryant Smith being still alive. The defendants are the…
1Opinion of the Court
Walker, J.,
after stating the facts as above: As Arthur E. Smith’s life interest was contingent upon his surviving his mother, it never has, and never can, vest in him, as he failed to survive his mother: He also died before his father, and by reason of that fact the devise to him lapsed. This is conceded by the plaintiff. The contingency upon which the estate in the land was limited to the children can never happen, as it has become impossible by Arthur’s death in the lifetime of his mother, and even of his father. Either one of two results must follow. The estate was thereby vested…
2Cases cited2 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Herring v. WilliamsSupreme Court of North Carolina · 1911
3Cited by8 opinions
- Aycock v. StateSupreme Court of Georgia · 1939
- Roane v. . RobinsonSupreme Court of North Carolina · 1925
- Jones v. . FullbrightSupreme Court of North Carolina · 1929
- Brown v. . GutherySupreme Court of North Carolina · 1925
- Dixon v. . HookerSupreme Court of North Carolina · 1930
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