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eBook details

• Title: Payer v. Payer
• Author : In the Supreme Court of the State of Montana
• Release Date : January 12, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The appellants contend the court below erred in holding that the rule in Shelleys case does not apply to the devise under consideration. The contention is untenable. It is clear that in using the phrase "their bodily heirs or issues surviving them," the devisor meant children or issue of his grandchildren. Furthermore, this conclusion is supported by the limitation over to the effect that "in the event any of the said grandchildren shall die without leaving him surviving issue or issues, then to his next of kin, in fee simple forever." Moore v. Baker, 224 N.C. 133, 29 S.E.2d 452; Williamson v. Cox, 218 N.C. 177, 10 S.E.2d 662; Edwards v. Faulkner, 215 N.C. 586, 2 S.E.2d 703; Brown v. Mitchell, 207 N.C. 132, 176 S.E., 258; Fields v. Rollins, 186 N.C. 221, 119 S.E., 207; Wallace v. Wallace, 181 N.C. 158, 106 S.E., 501; Jones v. Whichard, 163 N.C. 241, 79 S.E., 503; Puckett v. Morgan, 158 N.C. 344, 74 S.E., 15.

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