Den on Demise of Sanders v. Hyatt

8 N.C. 247

Opinion

Haex, Judge.

The clause in the will gives the land .over, if Lawrence should die without a lawfully begotten heir. Now he cannot die witiiout heir as long as tiie persons live to whom tiie ulterior limitation gives it upon the happening of that event; for they may become heirs at law after the death of others more nearly related. The word heir, in the singular number, must therefore mean issue; and by that means the estate first given in fee is turned into an estate tail, and by the act of 1784, is converted into a fee-simple again in the first taker, The ulterior limitation is therefore void, and nothing passes by it.

By the Court. — Judgment affirmed.