Matthews v. Daniel

Superior Court of North Carolina

Matthews v. Daniel

3 N.C. 346

DecidedJune 15, 1805

StatusPublished

This text of 3 N.C. 346 (Matthews v. Daniel) is published on Counsel Stack Legal Research, covering Superior 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

Matthews v. Daniel, 3 N.C. 346 (N.C. Ct. App. 1805).

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Opinion

"pER Curiam.

-The testator devised a Negro man and a horse, * to his daughter and her heirs¡ and if she dies -without heirs of her body, then over to the defendant. This is not'good ex-ecutory devise ; the event is too remote upon which the limitation over is to take effect. The argument, that here the event must happen, if at all, in the life time of the Negro, and that so the event is limited to alife in being, has at least the merit ofno* velty to recommend it, but will not bring the case within tile legal limits.

The demurrer must be over-ruledj and the defendant answer.

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"pER Curiam.

-The testator devised a Negro man and a horse, * to his daughter and her heirs¡ and if she dies -without heirs of her body, then over to the defendant. This is not'good ex-ecutory devise ; the event is too remote upon which the limitation over is to take effect. The argument, that here the event must happen, if at all, in the life time of the Negro, and that so the event is limited to alife in being, has at least the merit ofno* velty to recommend it, but will not bring the case within tile legal limits.

The demurrer must be over-ruledj and the defendant answer.

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Bluebook (online)

3 N.C. 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-v-daniel-ncsuperct-1805.