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62 N.C. 330

Grissom v. . Parish

Supreme Court of North Carolina

Decided January 5, 1868

Supreme Court of North Carolina · decided 1868-01-05

Bill, for an injunction, &c., filed to Fall Term 1867 of the Court of Equity for.Granville. A demurrer having then been put in, it was set down for argument, and the case transmitted to this court.

Cited by 1 later decisions — most recently June 1939

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-01-05

View the full empirical analysis of this case →

Reade, J.

¶1 The devise to Elizabeth Hester for life remainder to such of her children as should be living at her death, did not vest any estate in the plaintiffs (her daughters) during her life, because it was uncertain whether they or either of them would survive her. Their interest was contingent, and was not, and could not have been, reduced into possession by their husbands in the life-time of their mother. Therefore, at the time when their husbands attempted to convey the lands to Parish, they had nothing to convey, and *332 their deed conveyed nothing. Arrington v. Yarbrough, 1 Jon. Eq., 72.

¶2 The plaintiffs have the right to elect to take the land instead of the proceeds of sale.

¶3 The demurrer must be overruled with costs.

Per Curiam.

¶4 Decree accordingly

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