Dunning v. . Burden

Citations

• 18 S.E. 969
• 114 N.C. 33

Syllabus

<p>Devise — Construction of Will — Conditional Limitation.</p> <p>A testator devised a life, estate in a part of liis lands to his wife, with remainder to the two children of a deceased son, provided that if said children should die “leaving no lawful heir (either or both of them) of their own body ” the remainder should go to the children of-another son and daughter of the testator. The children of the second son and daughter were provided for in another part of the will: Held, that the testator intended the share of his realty, set apart to the two children of the first son, as a provision, primarily, for each of them at all events during their lives, and in case both should leave issue them surviving, then to vest a moiety in the issue of each, hut if only one should die leaving a child or children such surviving issue to take the whole.</p> <p>Clark, J., dissenting.</p>