Brown v. . Holland

Mary Eliza Holland held a life estate only in the lands described in the will of her father. If she died leaving lawful issue, such issue took that portion of the lands held by her for life, under the terms of the will, in fee simple. Does the term “issue” or “lawful issue” embrace an illegitimate child? The decisions of this Court do not so hold.

Black’s Law Dictionary gives the construction of the word “issue” as follows: “The word Issue’ in a will is generally a word of limitation,” citing Ford v. McBrayer, 171 N. C., 420, 88 S. E., 736, and other cases. “The word is commonly held to…