Opinion

Wachovia Bank & Trust Co. v. Stevenson

  • 196 N.C. 29
  • 144 S.E. 370
  • 1928 N.C. LEXIS 264
Court
Supreme Court of North Carolina
Filed
Sep 12, 1928
Status
Published
Author
BeogdeN
On the bench
Axiams, Beogden
Cited by
15 cases
Authority
More cited than 11.7%

The opinion

BeogdeN, J.,

concurring: The decisions are to the effect that where an ultimate estate in expectancy is limited to a class of persons, to take effect upon the happening of a contingency, and there are persons m esse answering the description when the contingency happens, the law immediately calls the roll of the class, and those who answer, alone can take. Gill v. Weaver, 21 N. C., 41 ; Sanderlin v. Deford, 47 N. C., 74 ; Knight v. Knight, 56 N. C., 167 ; Hawkins v. Everett, 58 N. C., 42 ; Grissom v. Parish, 62 N. C., 330 ; Britton v. Miller, 63 N. C., 270 ; Wise v. Leonhardt, 128 N. C., 289 , 38 S. E., 892 ; Cooley v. Lee, 170 N. C., 18 , 86 S. E., 720 ; Witty v. Witty, 184 N. C., 375 , 114 S. E., 482 .

*33 But tbis rule requires tbat tbe class of persons, alone to take, be plainly designated and definitely described. Demil v. Reid, 71 Md., 187 .

Here, tbe limitation is not so clear, nor tbe circumscription of tbó class so definite, as to exclude tbe legal representatives of deceased brothers and sisters, either of tbe testator or of bis wife, from sharing in tbe estate, even though there may be living brothers and sisters of tbe testator and of bis wife capable of taking in their own right at tbe termination of tbe particular estate. In tbis respect tbe decision in Fulton v. Waddell, 191 N. C., 688 , 132 S. E., 669 , may be apocryphal or of doubtful authority, and to tbe extent tbat it does not accord with tbe decision in tbe instant case, it should be regarded as disapproved.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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