Supreme Court of North Carolina, 1867

Falls v. . McCulloch

Falls v. . McCulloch
Supreme Court of North Carolina · Decided January 5, 1867 · Reabe
62 N.C. 140

Falls v. . McCulloch

Opinion of the Court

Reabe, J.

The clause of the will upon Avliich the advice of the court is asked is as follows:

“The balance of my property I allow to be sold and my just debts paid. The negroes to be sold at my wife’s death and equally divided among all my children.”

Some of the children died after the testator and in the lifetime of the tenant for life. The question is, was the remainder vested, so that the representatives of the deceased children take.

It is a vested remainder, and the representatives of the deceased children do take.

The doctrine governing this case is settled in the case of Conly v. Kincade, Win. Eq., 44.

Per Curiam.

Decree accordingly.

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