Opinion · Supreme Court of North Carolina

Vass v. . Freeman

Vass v. . Freeman, 56 N.C. 221 (N.C. 1857)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1857-06-05
Topic
general

Battle, J. When slaves or other personal chattels are bequeathed to two or more persons, immediately, as tenants in common, with a limitation over to the survivors or survivor, if, or in case that, one or more of them die, it is settled that, unless a contrary intent appear from other parts of the will, those who survive the testator will take absolutely. The rule which thus refers the period of survivorship to the death of the testator, was first laid down by Lord Chancellor Oowper in the case of Lord Bindon v. The Earl of Suffolk, 1 Peere Will. 99, was followed by many cases in England, and has been recognised in this State in the cases referred to by the plaintiff’s counsel, of Hogg v. Cox, 2 Dev.

Citator

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9 opinions