Evans v. James.

Decided July 5, 1801

Superior Court of North Carolina · decided 1801-07-05

Tj’JECTMENT. The plaintiff derived his title from the will' -*-J of Jonathan Evans^-who devised as follows: “ I give and “ bequeath to my two eldest sons, Reece and David, my* “ plantation, &c, — 320 acres on the river to Reece, and 320 acres il to David; and they to put to school my two youngest sons, and ** to schotl them at their charge.” The plaintiff’s counsel contended, that Reece and David took as joint tenants for life, and as David died first the whole life estate…

Cited by 1 later decisions — most recently June 1842

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1801-07-05

View the full empirical analysis of this case →

¿fall, Judge.._

¶1 Let the jury give a special verdict. — [They did so, and afterwards he delivered his opinion.^ — If the charge is saca that the devisee may sustain a less by paying it, supposing him to have a life estate only, he shall in such case takes a fee. Especially in a case like this, where intending an estate for life to the mother he expressly limits a life estate, which shews he knew hot? to limit for life when he intended it0

Download

Copy

Embed on your site

Hover to preview · click to copy the code

Search Wikipedia →

Case posture

Posture: EJECTMENT. The plaintiff derived his title from the will of Jonathan Evans, who devised as follows: I give and bequeath to my two eldest sons, Reece and David, my plantation, etc., 320 acres on the river to Reece, and 320 acres to David; and they to put to school my two youngest sons, and to school them at their charge. The plaintiff's counsel contended that Reece and David took as joint tenants for life, and as David died first, the whole life estate went by survivorship to Reece, who was the eldest son of their father, and that on his death the estate in fee descended to Jonathan, the eldest son of Reece, and heir at law of the devisor. It was stated in evidence that David died in 1781. Reece died in 1785, leaving a son, Jonathan, who took possession after Reece's death, by putting his stock of hogs and cattle on the land. Jonathan was an infant for many years after Reece's death; the remaining brothers of Reece, and uncles of Jonathan, sold to defendant James, in 1795. They never claimed title before, nor were they at any time in possession, nor was any person in possession but Jonathan, until James, the defendant, entered in 1795. An action was brought in 1796. David left a daughter in ventre sa mere , who was born four months after his death, and died in 1796. There were two other sons of old Jonathan.

Source: CourtListener

Court

Superior Court of North Carolina