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Falls v. McCulloch

Supreme Court of North Carolina
Jan 1, 1867
62 N.C. 140 (N.C. 1867)

Opinion

(January Term, 1867.)

A legacy of property, "to be sold at my wife's death and equally divided among all my children," is vested; and therefore the representatives of such children as survived the testator and died before the wife are entitled to shares.

BILL, by executors, praying for advice and a construction of a clause in a will, filed to Spring Term, 1865, of GASTON, and at Fall Term, 1866, taken pro confesso, and transferred to this court.

Bynum, for the complainants.

No counsel for the defendants.


The facts appear sufficiently in the opinion of the court.


The clause of the will upon which the advice of the court is asked is as follows:

"The balance of my property I allow to be sold and my just debts paid. The negroes are to be sold at my wife's death and equally divided among all my children."

Some of the children died after the testator and in the lifetime of the tenant for life. The question is, was the remainder vested, so that the representatives of the deceased children take.

It is a vested remainder, and the representatives of the deceased children do take.

The doctrine governing this case is settled in Conly v. Kincade, 60 N.C. 594.

PER CURIAM. Decree accordingly.

(141)


Summaries of

Falls v. McCulloch

Supreme Court of North Carolina
Jan 1, 1867
62 N.C. 140 (N.C. 1867)
Case details for

Falls v. McCulloch

Case Details

Full title:A. J. FALLS and ROBERT TORRENCE Executors, etc., v. DAVID McCULLOCH and…

Court:Supreme Court of North Carolina

Date published: Jan 1, 1867

Citations

62 N.C. 140 (N.C. 1867)

Citing Cases

Conly v. Kincaid

This doctrine is so well settled that it is unnecessary to enter into a further discussion of it. Cited:…