Halifax County NcArchives Court.....Wootten, Vs. Shelton 1811-18 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 June 12, 2008, 11:17 pm Source: North Carolina Reports Written: 1811-18 JULY TERM, 1812. Den on Demise of WOOTTEN and Wife v. WILLIS SHELTON. From Halifax. A, being seized in fee of certain lands, devised them "to his daughter Anne during the full term of her natural life, and at her decease to descend to the first male child lawfully begotten on her body; but if Anne should die without such male heir of her body, then the said land to belong to her present daughter Martha, to her and her heirs forever." Anne had several male children after the death of the testator, and her eldest male child died in her lifetime, living her daughter Martha, who afterwards married and had issue. The other male children survived their mother, Anne: Held, that on the birth of the first male child the estate vested in him, by which means the limitation to Martha was defeated. The law leans in favor of the vesting of estates, and in limitations like the present the vesting shall take place on the birth of a child, without waiting for the death of the parent. In this case the jury found the following special verdict, viz., that David Lane being seized in fee of the land in question, on 12 April, 1789, made his last will, and therein and thereby devised the same as follows, to wit: "I lend to my daughter, Anne Shelton, the 729 acres of land whereon she now lives, during the full term of her natural life, and at her decease to descend to the first male child lawfully begotten on her body; but if my said daughter die without such male heir of her body, then the said land to belong to the present daughter, Martha Shelton, to her and her heirs forever." That the said will was afterwards duly proven; that the said Anne Shelton had several male children after the death of the testator; that the eldest one lived two or three years, and then died in the lifetime of the said Anne, living the said Martha, who afterwards intermarried with William Wootten; and they two are the lessors of the plaintiff. That the other male children five in number, survived the said Anne, the eldest of which afterwards died an infant, and unmarried before the bringing of this suit, and before the act of 1795, letting in females equally with males. That the remaining four children are still alive, and that the defendant Willis Shelton claims as guardian to the said four sons and to Mary, who is another daughter of the said Anne. Upon this special verdict the court gave judgment for the plaintiff for the whole of the said land, and the defendant appealed to this Court. Browne for plaintiff. The Court gives judgment for the defendant, on the ground that on the birth of the first male child the estate vested in him, by which means the limitation to Martha was defeated; that this was the clear intention of the testator; otherwise, if the first male child had left children, they would have been unprovided for; that the law always leans in favor of the vesting of estates, and in limitations like the present they have said the vesting shall take place on the birth of a child, without waiting for the death of a parent. Additional Comments: North Caroline Reports, Vol. 6, Cases Argued and Determined in the Supreme Court of North Carolina, Reported by A.D. Murphey, Annotated by Walter Clark. 1811 to 1813, Inclusive and at July Term, 1818. Reprinted by the State. E.M. Uzzell and Company, State printers and binders, 1910. File at: http://files.usgwarchives.net/nc/halifax/court/wootten545gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 4.0 Kb