Maynard v. Sears
Citation | 72 S.E. 609,157 N.C. 1 |
Parties | MAYNARD et al. v. SEARS. |
Decision Date | 15 November 1911 |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Wake County; Whedbee, Judge.
Action by James Maynard and others against A. S. Sears. From a judgment for defendant, plaintiffs appeals. Reversed.
A will after making specific dispositions of certain slaves to J C., and S., gave the balance of testator's land and negroes to be equally divided between J., C., and S., and provided that, if they all died without such heirs, the property should return to testator's brother and sister or their lawful heirs. Held, that J., C., and S. took a defeasible fee in the land devised.
Aycock & Winston and Peele & Maynard, for appellants.
R. N Simms, for appellee.
This is an action to recover 100 acres of land. Berry Surls died in 1842, having executed his will as follows:
The plaintiffs claim that they are the heirs at law of John Surls, who was a brother of Berry Surls, and offered evidence thereof. Berry Surls left no legitimate children. Soon after he died, his three devisees, John and Caswell Pollard and Thomas Slaughter, took possession of the land sued for, and cultivated the same, which they undertook to convey on October 4, 1851, to Bartlett Sears, who took possession of the land, and held it till his death. It was sold February, 10, 1873, to pay the debts of Bartlett Sears. It was purchased by W. H. Crabtree, who took possession. The deed to him recites that the land is the same as that sold by John Pollard, Caswell Pollard, and Thomas Slaughter to Bartlett Sears by aforesaid deed October 4, 1851. On November 20, 1878, Crabtree sold the land, together with adjoining land, making a tract of 282 acres to S. R. Horne, who remained in possession till April 24, 1897, when he conveyed the land to the defendant, Sears. The last one of the three devisees named in the will of Berry Surls, to wit Caswell Pollard, died in February, 1908 This action was brought the following year.
The plaintiffs correctly contend that, under the will of Berry Surls, John and Caswell Pollard and Thomas...
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