Jones v. . Whichard
Supreme Court of North Carolina
Appeal by 0. E. Page from O'. H. Allen, J., at April Term, 1913, of Pitt. Cause beard on case agreed and after transfer from clerk Superior Court, the question presented being tbe proper distribution of a fund arising from a sale of land for division.
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Appeal by 0. E. Page from O'. H. Allen, J., at April Term, 1913, of Pitt. Cause beard on case agreed and after transfer from clerk Superior Court, the question presented being tbe proper distribution of a fund arising from a sale of land for division. On tbe bearing it was made to appear tbat, in August, 1866, Major Jones made a deed to bis son, R. M. Jones, etc., for 40 acres of land, in terms as follows: “Tbis indenture, made tbis tbe lltb day of August, A. D. 1866, between Major Jones of tbe first part and Robert M. Jones of the second part, botb of tbe county of Pitt and State of North…
1Opinion of the Court
Hoxe, J.,
after stating the case: A very full and satisfactory statement of the rule in Shelley’s case is given in Preston on Estates as follows: “When a person takes an estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without interposition of another estate, of an interest of the same legal or equitable quality to his heirs, or heirs of his body, as a class of persons to take in succession, from generation to generation, the limitation to the heirs entitles the ancestor to the…
2Cases cited21 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Springs v. ScottSupreme Court of North Carolina · 1903
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3Cited by45 opinions
- Bryant v. . ShieldsSupreme Court of North Carolina · 1942
- Bryant v. ShieldsSupreme Court of North Carolina · 1942
- Willis v. Mutual Loan & Trust Co.Supreme Court of North Carolina · 1922
- Hampton v. GriggsSupreme Court of North Carolina · 1922
- Pugh v. . AllenSupreme Court of North Carolina · 1920
40 more not listed; retrieve them via the Exa API.