Caswell County NcArchives Court.....Eliza A. Terrell, William Terrell Et Al V. 1873
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Connie Ardrey n/a December 2, 2009, 7:14 pm

Source: Nc Reports June Term 1873
Written: 1873

William Terrell et al v. Eliza A. Terrell

Where three persons receiving a deed from their father, J.T. made with him the 
following convenant: "That J.T. and his family shall have their home upon the 
land he has this day as executor of J.C., conveyed to them, and that he and 
his family shall have the use of all the personal property this day conveyed 
so far as is necessary for their use and convenience, and further, that they 
shall have a support out of what shall be made upon said land during the life 
of J.T.: It was held, That the limitation in the last sentence, "during the 
life of J.T." applied to all the clauses in the deed, and that after the death 
of J.T., his said sons were entitled to the possession and enjoyment of all 
the property conveyed by the deed.

When a defendant admits that the plaintiffs are the owners of the remainder in 
fee of the land sued for, but contends that he is tenant for life of the said 
land under a certain deed executed by the plaintiff, he cannot controvert the 
title of the plaintiffs to the land, but is confined to his claim under that 
covenant, and the validity of his claim to a life estate will depend upon a 
proper construction of it.

This was a Civil Action for the recovery of a tract of land, tried before his 
Honor, Tourgee, J., at the Spring Term, of Caswell Superior Court.

On the trial the plaintiffs derived title, 1. Under a deed from Jas. Terrell 
to John Crisp; 2. Under the will of John Crisp, their grandfather; 3. Under a 
deed from James Terrell, their father, as executor of John Crisp to them, 
dated 2d November, 1866.

The defendant admitted possession of the land in controversy, and admitted 
further that the plaintiffs had a fee simple title in remainder of said land, 
but claimed a life estate in it for the life of herself, or any of her 
children who constituted the family of James Terrell, on the 2d day of 
November, 1866, under a deed of the plaintiffs to the said James Terrell, 
deceased, executed on that date. It was admitted that the defendant was the 
wife of James Terrell, and that she and her children constituted his family at 
that time. The claim of the defendant was under the following covenant 
contained in the said deed: John C. Terrell, William Terrell and Logan Terrell 
do hereby covenant and bind themselves and their heirs, &c., to and with James 
Terrell, that James Terrell and his family shall have their home upon the land 
which he has this day as executor of John Crisp, deceased, conveyed to them, 
and that he and his family shall have the use of all the personal and 
perishable property this day conveyed to them so far as is necessary for their 
use and convenience, and further that they shall have a support out of what 
shall be made upon said land during the life of James Terrell.

It was insisted for the plaintiffs that the deed from them to James Terrell 
above mentioned, conveyed to the said James Terrell a life estate for his life 
only upon the land for the benefit of himself and his family, and that upon 
his death, which it was admitted had taken place, they were entitled to the 
possession of the land.

The defendant contended that the said deed conveyed to the said James Terrell 
and his wife and their children, who constituted his family when the said deed 
was executed, an estate for life in the said land to the said James Terrell, 
and to his wife and their children, and to the survivors of them. His Honor 
ruled in favor of the plaintiffs, and gave a judgment for them from which the 
defendant appealed.

W.H. Bailey, for the defendant.
W.A. Graham, for the plaintiff.

[NC Supreme Court]
Settle, J. Let it be certified that there is no error.
Per Curiam
Judgment affirmed.

[see court case for Judge Settle's findings]

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