Powell v. . Powell
Supreme Court of North Carolina
Appeal by plaintiff from Cooke, J., at November Term, 1914, of RobesoN. This is a proceeding for the partition of land, and the only question presented for decision depends upon the construction of a deed executed on 27 September, 1889, by William W. Powell to his son, William 0. Powell, and to the children of William C. Powell, which reads as follows : This deed, made this the 27th day of September, 1889, by William W. Powell, party of the first part, to William C. Powell…
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Appeal by plaintiff from Cooke, J., at November Term, 1914, of RobesoN. This is a proceeding for the partition of land, and the only question presented for decision depends upon the construction of a deed executed on 27 September, 1889, by William W. Powell to his son, William 0. Powell, and to the children of William C. Powell, which reads as follows : This deed, made this the 27th day of September, 1889, by William W. Powell, party of the first part, to William C. Powell and his children, parties of the second part, all of said county and State, witnesseth: That the said William W. Powell,…
1Opinion of the CourtAlleN, J.
The doctrine is well established at common law that in a conveyance to children only those children take who áre living at the time of the execution of the deed, because a grantor, a grantee, and a thing granted are necessary requisites of a valid deed, and this principle has- not been modified with us except in favor of a child en ventre sa mere (Heath v. Heath, 114 N. C., 549) ; but the rule is otherwise when the conveyance is not direct to the children and there is an intermediate life estate.
Chief Justice Pearson says, in Dupree v. Dupree, 45 N. C., 168: “A bequest or use limited to the…
2Cases cited1 opinion
- Dupree v. . DupreeSupreme Court of North Carolina · 1853
3Cited by16 opinions
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- Jefferson v. . JeffersonSupreme Court of North Carolina · 1941
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- Roe v. . JourneganSupreme Court of North Carolina · 1918
- Beam v. . GilkeySupreme Court of North Carolina · 1945
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