Arnold v. Battley

Supreme Court of North Carolina

Arnold v. Battley

113 S.E.2d 582, 252 N.C. 364, 1960 N.C. LEXIS 563

DecidedApril 13, 1960

StatusPublished

This text of 113 S.E.2d 582 (Arnold v. Battley) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arnold v. Battley, 113 S.E.2d 582, 252 N.C. 364, 1960 N.C. LEXIS 563 (N.C. 1960).

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Opinion

Higgins, J.

We approve the judgment of the superior court. In doing so it is not necessary to determine whether the roll of grandchildren should have been called and the takers of the estate in remainder determined at the death of the testator or at the death of the life tenant. Trust Co. v. Schneider, 235 N.C. 446, 70 S.E. 2d 578. In either event the same grandchildren would have answered. However, since -the estate vested, one of the takers has died, leaving a widow and a brother to take his share. Their interests will be taken into account in the division of the proceeds if the property is sold, or in the partition if all agree to take the property in its unconverted form. Trust Co. v. Allen, 232 N.C. 274, 60 S.E. 2d 117; Seagle v. Harris, 214 N.C. 339, 199 S.E. 271.

The judgment of the Superior Court of Iredell County is

Affirmed.

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Higgins, J.

We approve the judgment of the superior court. In doing so it is not necessary to determine whether the roll of grandchildren should have been called and the takers of the estate in remainder determined at the death of the testator or at the death of the life tenant. Trust Co. v. Schneider, 235 N.C. 446, 70 S.E. 2d 578. In either event the same grandchildren would have answered. However, since -the estate vested, one of the takers has died, leaving a widow and a brother to take his share. Their interests will be taken into account in the division of the proceeds if the property is sold, or in the partition if all agree to take the property in its unconverted form. Trust Co. v. Allen, 232 N.C. 274, 60 S.E. 2d 117; Seagle v. Harris, 214 N.C. 339, 199 S.E. 271.

The judgment of the Superior Court of Iredell County is

Affirmed.

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Bluebook (online)

113 S.E.2d 582, 252 N.C. 364, 1960 N.C. LEXIS 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-v-battley-nc-1960.

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