Ex Parte Rees
Supreme Court of North Carolina
Appeal by all parties from Kerr, J., at September Term, 1920, of Wake. Controversy without action under Rev., 1590, for sale of contingent remainder. The object of the controversy is to sell the house and lot in Raleigh devised to Mrs. Jennie Lee Rees, with remainder over, and reinvest the -proceeds to meet the contingencies stated in the said will. From the judgment all the parties appealed.
1Opinion of the CourtClark, C. J.
Jennie L. Lee devised the property in question to her daughter Jennie (now Mrs. Eees), with limitation that if she should “die leaving issue surviving her, then to such issue and their heirs forever,” but if she “shall die without issue surviving her, then the property to return to my eldest daughter.” In Rees v. Williams, 164 N. C., 128, the Court construing this devise, held that the vesting of the estate in remainder depended upon the contingency of the death of the devisee without leaving issue surviving her, and hence during her lifetime she could not convey an indefeasible title, for…
2Cases cited5 opinions
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
- Patterson v. McCormickSupreme Court of North Carolina · 1919
- Thompson v. . HumphreySupreme Court of North Carolina · 1919
- Rees v. . WilliamsSupreme Court of North Carolina · 1913
- Pittsburg Life & Trust Co. v. YoungSupreme Court of North Carolina · 1916
3Cited by3 opinions
- House v. HouseSupreme Court of North Carolina · 1949
- Henderson v. Western Carolina Power Co.Supreme Court of North Carolina · 1931
- House v. HouseSupreme Court of North Carolina · 1949