Carolina Power Co. v. Haywood

It seems to be admitted that the controversy depends primarily upon the third and twentieth items of the will, and that these *317items must be interpreted in tbe light of the facts. The appellants insist that the interpretation of these clauses should be governed by the rule of construction adopted in 1827 and embodied in section 1737 of the Consolidated Statutes, and that the only two elements necessary to the operation of the statute are a contingent limitation and the death upon which the limitation is made to depend. Excluding the contingency of John LI. Boylan’s marriage and of his leaving…