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1 N.C. 9

Daniel v. Upley

Decided July 1, 1793

IN Ejectione firmœ, on a special verdict, the case appeared to be this: John Upley, being seized in fee of a house, on the 26th of May 25 Eliz. by his last will and testament, disposed of it in this mannar: Item, I give and bequeath my house to Ann, my wife, to dispose at her will and pleasure, and to give it to any of my son, which she pleases. argued that, by these words, the wife had a fee, and is liable to no one: but may dispose of the house to whom she pleases.

Decided 1793-07-01

Doderidge, J.

¶1If I devise land to I. S. to give and dispose to I. D. he must dispose of it to I. D. But here, it is given to dispose at her will and pleasure, which perhaps may make a difference.

¶2Sed per Curiam. If the wife dies without feoffment, the heir shall have the land.

¶3Afterwards other matters were moved in this case, but it depends on the above point.

¶4And Henden moved this case. A wife is disseised and the husband releases all demands, and the wife levies a fine—the husband may enter. And he said, if a wife levies a fine as a feme sole, if the husband enter, it shall be void, otherwise the wife is barred. 16 Ass. 17. A release of all demands releases the right of entry, and the entry itself. 8 Rep. 147. And the husband in the above case cannot enter, and therefore the wife is barred. 11 H. 4. 24. Per Green. If a wife delivers goods, trespass lies, but otherwise, in the case of an infant, if he delivers goods with his own hands. Pas. 32 El. rot. 1017. adjudged to this purpose. See this case continued, postea,p. 39 and 134. 1 Cr. 678. 734

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