Thompson v. . Batts
Supreme Court of North Carolina
Appeal by plaintiffs from Ferguson, J., at November Term, 1914, of "WlLSON. Proceeding for partition of a tract of land wbicb originally belonged to Alfred Thompson, who was twice married. He bad children by the first marriage, and no children by the second marriage.
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Appeal by plaintiffs from Ferguson, J., at November Term, 1914, of "WlLSON. Proceeding for partition of a tract of land wbicb originally belonged to Alfred Thompson, who was twice married. He bad children by the first marriage, and no children by the second marriage. On 6 February, 1879, in contemplation of his second marriage, he executed a deed to his intended wife, Martha Jane, conveying the land in controversy for life, and with the following limitations: “The aforesaid tract of land to descend to the heirs of the body of said Martha Jane in fee simple, the issue of such marriage, and on…
1Opinion of the CourtAlleN, J.
The plaintiffs contend that the words in the deed “the heirs of said Thompson” mean children, and that they take by way of contingent remainder, while the contention of the defendants is that the word “heirs” being used in connection with the name of the grantor, there can be no remainder, upon the familiar maxim nemo est hieres viventis, and that upon the happening of the contingency the estate reverted to the grantor and passed to them under his will.
This position of the defendants seems to have prevailed at common law, the principle being that as no one could be heir to the living the…
2Cases cited4 opinions
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Jones v. Ragsdale.Supreme Court of North Carolina · 1906
- Marsh v. Griffin.Supreme Court of North Carolina · 1904
- King v. . ScogginSupreme Court of North Carolina · 1885
3Cited by7 opinions
- Whitley v. ArensonSupreme Court of North Carolina · 1941
- Baugham v. . Trust Co.Supreme Court of North Carolina · 1921
- Ellis v. BarnesSupreme Court of North Carolina · 1950
- Bank of Pilot Mountain v. SnowSupreme Court of North Carolina · 1942
- Scott v. JacksonSupreme Court of North Carolina · 1962
2 more not listed; retrieve them via the Exa API.