Bourne v. . Farrar
Supreme Court of North Carolina
Appeal by defendants from Lyoru, Jat June Term, 1920, of Edge-combe. K. TL Dickens devised to bis sister, Mary E. Dickens, the lot in question in Tarboro, N. C., “During her life, and upon her death I give and devise the same to John L. Bridgers, Jr., Eouth Hassardshort) and Louis M. Bourne, as tenants in common,” one-third to each; “and in event of any one or more of them being dead, leaving issue, at the time of Mary E. Dickens’ death,' then such issue shall take such part…
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Appeal by defendants from Lyoru, Jat June Term, 1920, of Edge-combe. K. TL Dickens devised to bis sister, Mary E. Dickens, the lot in question in Tarboro, N. C., “During her life, and upon her death I give and devise the same to John L. Bridgers, Jr., Eouth Hassardshort) and Louis M. Bourne, as tenants in common,” one-third to each; “and in event of any one or more of them being dead, leaving issue, at the time of Mary E. Dickens’ death,' then such issue shall take such part of said real estate as his, her, or their parents would have taken if then living, but if one or more of them be then…
1Opinion of the CourtClaRK, C. J.
The appeal presents two questions:(1) Do the deeds from Bridgers and Bourne pass their contingent interest in the share devised to Routh Hassardshort by way.of equitable assignment ?(2) Bridgers having described his interest as two-thirds, and warranted it, is he estopped as to one-half, which Anally vested in him under the will of K. H. Dickens on the death of Routh Hassardshort ?
If this property had been devised to Mary E.- Dickens for life, with remainder to the three parties named, then a conveyance by either one of the three of all “his right and interest” in said property would have…
2Cases cited16 opinions
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Cox v. . McGowanSupreme Court of North Carolina · 1895
- Watson v. . SmithSupreme Court of North Carolina · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Woody v. . CatesSupreme Court of North Carolina · 1938
- Realty Securities & Discount Co. v. National Rubber & Leather Co.West Virginia Supreme Court · 1940
- Barnes v. HouseSupreme Court of North Carolina · 1960
- Foster v. . HackettSupreme Court of North Carolina · 1893
- Sutton v. SuttonSupreme Court of North Carolina · 1952
3 more not listed; retrieve them via the Exa API.