Corley v. Hoyt
Corley v. Hoyt
Opinion of the Court
The opinion of the Court was delivered by
I. The first question in determining who- shall take is: Do you reckon from the date of the deed, or from the death of Mrs. Ready, when the land reverted?
II. The second question is, Do the great-grandnephews take where there are grandnieces and nephews?
They do not. The appellants say:
*113 The statute is very clear: “Provided that there be no representation admitted, among collaterals after brothers’ and sisters’ children.” That language is too plain for further statement. The appellants do not come within the statute and do not take. The appellants do not argue the other questions made by the exceptions, and the reasons for overruling them need not be stated.
The judgment is affirmed.
Reference
- Full Case Name
- Corley Et Al. v. Hoyt Et Al.
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Deeds — Conveyance to Grantor's Niece and Heirs of Her Body, With Life Estate to Grantor, Held a Fee Conditional. — Where a landowner conveyed to his niece and the heirs of her body, reserving a life estate to himself, and the deed provided that if she should die without heirs of her body then the property shoul go to another niece, the estate conveyed to the first niece was a fee conditional. 2. Reversions — Fee Conditional Held to Revert to Grantor's Estate Upon Noncompliance op Condition. — Where a landowner conveyed to his niece and heirs of her body, reserving a life estate to himself, on the death of the niece, the condition not having been complied with, the land reverted to the estate of the grantor, and, he dying without widow or issue, it was divisible among his next of kin. 3. Descent and Distribution — Next op Kin at Time op Death of Owner of Fee Conditional Reverting to Grantor Held Entitled to Take. — -Where a landowner conveyed to his niece and the heirs of her body, reserving a life estate to himself, and upon the death of the niece and noncompliance with the condition the land reverted to the grantor’s estate, he having died without widow or issue, those took who were the next of kin at the time of the death of the niece. 4. Descent and Distribution — Grandnieces and Nephews Held to Take to Exclusion of Great-Grandnephews Under Statute.— On partition of an estate divisible among intestate’s next of kin, where there were grandnieces and nephews and great-grandnephews, a verdict was properly directed in favor of the grandnieces and nephews to the exclusion of the great-grandnephews; there being no representation admitted among collaterals after brothers’ and sisters’ children under the statute.