Den on Demise of Lindsey v. Burfoot

5 N.C. 494

• Court: Supreme Court of North Carolina
• Decided: July 5, 1810
• Status: Published

Opinion

By the Coprt.

It is contended for the lessors of the Plaintiff, that both events, to-wit, the marriage of Jaca and her death under age, must happen, before the lands vested absolutely in her and defeated the limitation to Amey; and that the word or ought to be construed copulatively as and. If it were necessary to resort to this construction to carry into effect the general intent of the testator, the Court would do it: but there is no good reason in this case for giving to the word or any other than its ordinary meaning; there is nothing from which the Court can infer, that the testator did not intend that the estate should vest absolutely in Jaca, upon the happening of either event; and one of them having happened, we are of opinion, the lands vested absolutely in her, and descended to her heir's at law. — Judgment for the Defendant.