Superior Court of North Carolina, 1793

Ward v. . Ward

Ward v. . Ward
Superior Court of North Carolina · Decided April 5, 1793
1 N.C. 59

Counsel

Davie , for the defendant, laid it down as an established rule of law that a fee cannot be created by deed to take effect or arise in futurio; and here he said, the grantee was not to take till after the grantor's death. Mr. Attorney-General Haywood entered into a discussion of the doctrine of uses, to show that the use might be limited to take effect in this manner by the statute of uses [fn*] ; although it would not have been good at the common law. [fn*] 27 H. VIII, 10, 208.

Ward v. . Ward

Opinion of the Court

But the Court, ASHE, J., and WILLIAMS, J., stopped the Attorney-General, saying they differed with him in opinion, with respect to the operation of the statute of uses; but they were clearly of opinion without hearingHaywood further, that here the fee immediately passed to the grantee, and the reservation was void.

NOTE. — See the cases of Sasser v. Blyth, 2 N.C. 259, and Smithv. Grady, 13 N.C. 395, which seem to overrule this case.

Cited: Savage v. Lee, 90 N.C. 323.

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Case-law data current through December 31, 2025. Source: CourtListener bulk data.