Baugham v. . Trust Co.
Supreme Court of North Carolina
Appeal by defendant from Alien, J., from judgment on case agreed, rendered March, 1921, from Beaueobt. . ' This is a controversy submitted without action on an agreed statement of facts, and the single question presented is whether Seth B. Baugham is the owner of the indefeasible fee in the lot of land described in the agreement of the parties.
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Appeal by defendant from Alien, J., from judgment on case agreed, rendered March, 1921, from Beaueobt. . ' This is a controversy submitted without action on an agreed statement of facts, and the single question presented is whether Seth B. Baugham is the owner of the indefeasible fee in the lot of land described in the agreement of the parties. W. P. Baugham, who was the former owner of this and other lands, died in 1910, leaving a will, the third item of which is as follows: “3d. Should I die without leaving any children or child surviving me, or should my children die without surviving them…
1Opinion of the CourtAlleN, J.
Tbe land in controversy and other lands are devised in tbe will-of William B. Baugbam to all bis children, with provision that if one or more die without issue tbe interests of such children so dying shall vest in tbe survivors, and if all tbe children die without issue, then to tbe heirs of the testator.
Tbe first contingency — “if one or more die without legal issue” — is disposed of by tbe partition proceedings, to which all tbe children were parties, and in which tbe right of survivorship in tbe event one or more dies without issue is mutually surrendered and released.
It was beld in Beacom…
2Cases cited12 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Beacom v. AmosSupreme Court of North Carolina · 1913
- Welch v. BlanchardMassachusetts Supreme Judicial Court · 1911
- Burden v. . LipsitzSupreme Court of North Carolina · 1914
- Jenkins v. . LambethSupreme Court of North Carolina · 1916
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Witty v. WittySupreme Court of North Carolina · 1922
- Holland v. . SmithSupreme Court of North Carolina · 1944
- Chas. W. Priddy & Co. v. SanderfordSupreme Court of North Carolina · 1942
- Witty v. . WittySupreme Court of North Carolina · 1922
- Kale v. ForrestSupreme Court of North Carolina · 1971
13 more not listed; retrieve them via the Exa API.