Chambers v. . Payne
Supreme Court of North Carolina
Cause removed from the Court .of Equity of Davidson county. Simon Williams, in the year 1809, bequeathed as follows : “ I lend unto my son, Alanson "Vf illiams, and' my son-in-law, Anthony Sale, in trust, for the only use and benefit of my daughter; Betsy Payne, during her natural life, against the claim or contract of her present or any future husband, the following negroes and their future increase: Thena and her two children, (the names not known,) David, Ransom, and…
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Cause removed from the Court .of Equity of Davidson county. Simon Williams, in the year 1809, bequeathed as follows : “ I lend unto my son, Alanson "Vf illiams, and' my son-in-law, Anthony Sale, in trust, for the only use and benefit of my daughter; Betsy Payne, during her natural life, against the claim or contract of her present or any future husband, the following negroes and their future increase: Thena and her two children, (the names not known,) David, Ransom, and Revey ; my will and desire is, that the negroes and their future increase, lent to my son, Alanson Williams, and Anthony…
1Opinion of the CourtBattle, J.
Had the testator’s daughter, Mrs. Payne, pass ed through life without having had a child, we should not have hesitated to hold that the claim of the other children of the testator, and their representative's under the ulterior limitation to them, would not have been prevented by the operation of the rule in Shelly’s case, inherfavor. That rule would have been excluded, either upon the principle adopted by the Court in the case of Payne v. Sale, 2 Dev. and Bat. Eq. 455, on the construction of the same .will, which we have now before us, or upon that of Swain v. Roscoe, 3 Ire. 200. The counsel,…
2Cited by8 opinions
- Griffin v. SpringerSupreme Court of North Carolina · 1956
- Wachovia Bank & Trust Co. v. StevensonSupreme Court of North Carolina · 1928
- Beam v. . GilkeySupreme Court of North Carolina · 1945
- Riegel v. LyerlySupreme Court of North Carolina · 1965
- Doyle v. AndisSupreme Court of Iowa · 1905
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