Whitesides v. . Cooper
Supreme Court of North Carolina
Civil actioN by the plaintiffs to be let into possession as tenants in common with defendants of one-sixth undivided interest in land, heard before Armfield, J, at December Term, 1893, of BüNCOMbe Superior Court. The land was devised by John B. Whitesides in the manner set out in the item quoted in the opinion of Chief Justice Shephekd.
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Civil actioN by the plaintiffs to be let into possession as tenants in common with defendants of one-sixth undivided interest in land, heard before Armfield, J, at December Term, 1893, of BüNCOMbe Superior Court. The land was devised by John B. Whitesides in the manner set out in the item quoted in the opinion of Chief Justice Shephekd. The plaintiffs are the children of Simpson Jarrett Whitesides, a son of the testator, who, supposing himself to own a vested interest in the land, conveyed the same to one Kimberly, who, joining with the life tenant and other sons of the testator, had the land…
1Opinion of the Court
Shepherd, O. J.:
The numerous authorities cited in the elaborate brief of the defendants’ counsel fail to convince us that we are warranted in so far departing from the plain and natural import of the language used in the limitation before us, as to hold that the seven sons named in the will of their father took a vested remainder in the land therein devised. Fully appreciating, as we do, the public policy which induces the Courts to favor the early vesting of estates, we are nevertheless of the opinion that it would be doing violence to the most liberal rules of construction were we to say…
2Cases cited7 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
- Watson v. . SmithSupreme Court of North Carolina · 1892
- Williams v. . HassellSupreme Court of North Carolina · 1876
- Miller Ex-ParteSupreme Court of North Carolina · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
- Jones v. . WhichardSupreme Court of North Carolina · 1913
- Witty v. WittySupreme Court of North Carolina · 1922
- Bullock v. WiltbergerSupreme Court of Kansas · 1914
43 more not listed; retrieve them via the Exa API.