Graham v. Grahams

• Court: North Carolina Supreme Court
• Writing for the Court: HALL
• Citation: Graham v. Grahams , 9 N.C. 322 (N.C. 1823)
• Decision Date: 30 June 1823
• Parties: MARY GRAHAM v. THOMAS GRAHAMS ADMINISTRATORS.—From Moore.

9 N.C. 322

MARY GRAHAM

v.THOMAS GRAHAMS ADMINISTRATORS.—From Moore.

SUPREME COURT OF NORTH CAROLINA

JUNE TERM, 1823

A deed to M. G. for a negro in these words, "Have given and granted at my death, and by these presents at that time do give and grant to the said M. G. my negro girl," etc.. was held to resemble the common case of conveyance by deed of personal property for life, remainder to another after the determination of the life estate; and the remainderman took nothing.

DETINUE. On 16 May, 1817, the defendant's intestate executed an instrument of writing in the following words:

To all persons to whom these presents shall come, I, Thomas Graham, of the county of Moore and State of North Carolina, send greeting: Know ye that I, the said Thomas Graham, for and in consideration of the natural love and affection which I bear and have to my niece, Mary Graham, daughter to Robert Graham, and for divers other good causes and consideration hereunto, have given and granted at my death, and by these presents at that time do give and grant to the said Mary Graham, my negro girl named Sarah, with her increase, to have, hold, and enjoy the said negro girl unto the said Mary Graham, her executors, administrators, and assigns forever, clear and free against any person or persons claiming any right, title, or interest to said girl, I, the said Thomas Graham, shall and will warrant and forever defend by these presents. In witness whereof, I, the said Thomas Graham, do hereunto set my hand and seal this 16 May, 1817.

THOMAS GRAHAM, L. S.

Thomas Graham died intestate, and the defendants took into their possession the negro girl named in the bill of sale as part of the estate of their intestate. The present action was brought to recover the negro, and came before this Court on the appeal of the plaintiff from the judgment rendered below.

HALL, J. Originally, terms for years and personal chattels could not by deed be limited over by way of remainder after a life estate. Cro. Eliz., 216; 1 Co., 153 ; Chedington's case, Dyer, 253 ; Shep. Touch., 332. And however the law may be altered as to chattels real (Shep. Touch., 274; Bac. Abt. "Remainder a.," 1st Am., from the 6th London Ed.; 1 Burr, 282; 1 Hen. Bl., 540), as to personal chattels, it remains the same unless such limitations over is created by will or by way of trust. I am not aware of any case that can be shown to the contrary.

In the present case, no express estate for life is created by the deed to Mary Graham,...