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50 N.C. 375

Black v. . McAulay

Supreme Court of North Carolina

Decided June 5, 1858

Supreme Court of North Carolina · decided 1858-06-05

AotioN of detinue, tried before Dice, Judge, at the Spring Term, 1857, of Cabarrus Superior Court.

Decided 1858-06-05

Pearson, J.

¶1 It is settled, that when a limitation over is made, “ if the taker of the first estate, dies before arriving at full age, or without children, the word “ or” is construed to mean “ and,” so that the limitation over does not take effect, unless both contingencies happen, and the first estate becomes absolute upon the happening of either; 2 Eearne, 97, Jarman on Wills, 444.

¶2 Our case is stronger; for treating the -word “ or,” as used in the disjunctive, when the first contingency happened, that is, when Adeline arrived at the age of twenty-one, her estate be *377 came absolute, as the other contingency — her death “ without issue,” taken alone, made the limitation over too remote, according to the principles of the common law.

¶3 There is no errorr.

¶4 Pee Curiam. Judgment affirmed.

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