25 N.C. 134 | N.C. | 1842
It is not to be denied, that at common law it was settled, that the words, "if my son should die without lawful issue," unexplained, imported, in a legal sense, the failure of issue at any indefinite time, whenever it might happen. And this was true, both in respect of real and personal property. There is in England a vast number of cases on this branch of the law; beginning with that of Burford v. Lee, 2 Freeman, 210, and coming down to a very late day. Recently, they have been elaborately reviewed by Lord BROUGHAM, upon an appeal from the Vice Chancellor, in Campbell v. Harding, 2 Rus. Mylne, 390, and the doctrine reasserted. In this State, the same (136) construction has prevailed. Sutton v. Wood,
PER CURIAM. Affirmed.
Cited: Weeks v. Weeks,