Kelly v. Williams

Decided September 15, 1893

Supreme Court of North Carolina · decided 1893-09-15

This was a special proceeding, begun before the Clerk of the Superior Court of Yadkin County and transferred upon issues joined and heard… Held: controlled and managed by him as-in his judgment he may deem best for the sole and separate use and behoof of my daughter, Martha J. Glenn, so long as she remains unmarried, or so long as she may live, and if she should die without issue, then, her share to be equally divided between all my children.” The Court held that Martha J.…

Decided 1893-09-15

Shepheed, 0. J.:

¶1We are of the opinion that the ruling of his Honor was correct. The proper construction of the will of Tyre Glenn, in respect to this controversy, is as follows: It devises a fee to Martha J. Glenn, with a proviso that it shall be held in trust during her life or maidenhood for her separate use, with an executory devise over to her brothers and sisters, should she die without issue. As soon as she married and had issue, the fee became absolute. Saddler v. Wilson, 5 Ired Eq., 296; Davis v. Parker, 69 N. C., 271.

¶2Affirmed.