Mason v. White

• Court: North Carolina Supreme Court
• Writing for the Court: PEARSON
• Citation: Mason v. White, 8 Jones 421, 53 N.C. 421 (N.C. 1862)
• Decision Date: 30 June 1862
• Parties: EDWARD MASON v. THOMAS WHITE AND WIFE et al.

8 Jones (NC) 421

53 N.C. 421

EDWARD MASON

v.THOMAS WHITE AND WIFE et al.

Supreme Court of North Carolina.

June Term, 1862.

A legacy given immediately to a class, vests absolutely in the persons composing that class at the death of the testator; and a legacy given to a class subject to a life-estate, vests in the persons composing that class at the death of the testator, but not absolutely, for it is subject to open so as to make room for all persons composing the class, not only at the death of the testator, but also at the falling in of the intervening estate.

Where one thus included in a class with an intervening estate, died before the falling in of such estate, there is no ground for holding that his estate was divested by this event.

THIS was a PETITION for the division of slaves, which came up from the County Court, and was tried before HEATH, J., at the Spring Term, 1861, of Perquimons Superior Court.

The case is this:

In the year 1838, Henry Hollowell died, leaving a last will, which was duly proved and recorded. In the said will, after a trifling legacy to his brothers and sisters, occurs the following clause: “I give and bequeath to my beloved wife, Elizabeth Hollowell, the remainder of my estate, both real and personal, during her natural life, and at her death to be equally divided among her children.”

At the time of the death of Henry Hollowell, his wife, the said Elizabeth, had three children by a former husband, to wit: Sarah, who intermarried with the plaintiff, Edward Mason, Edward B. Sutton, and Anne, intermarried with Thomas H. White. Mrs. Mason was alive at the death of the testator, Hollowell, but died before the death of her mother, the said Elizabeth, and her husband took letters of administration on her estate, and filed this petition for her share of certain slaves which passed under the said will.

The surviving brother and sister contested the right of the plaintiff to have a share of these slaves.

His...