Black v. . McAulay

50 N.C. 375

• Court: Supreme Court of North Carolina
• Decided: June 5, 1858
• Status: Published

Opinion

Pearson, J.

It is settled, that when a limitation over is made, “ if the taker of the first estate, dies before arriving at full age, or without children, the word “ or” is construed to mean “ and,” so that the limitation over does not take effect, unless both contingencies happen, and the first estate becomes absolute upon the happening of either; 2 Eearne, 97, Jarman on Wills, 444.

Our case is stronger; for treating the -word “ or,” as used in the disjunctive, when the first contingency happened, that is, when Adeline arrived at the age of twenty-one, her estate be came absolute, as the other contingency — her death “ without issue,” taken alone, made the limitation over too remote, according to the principles of the common law.

There is no errorr.

Pee Curiam. Judgment affirmed.