Opinion · Supreme Court of North Carolina

Gordon v. . Lowther

75 N.C. 193

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1876-06-05
Topic
general

The testator "lends" to his daughter Martha (now Mrs. Lowther) certain lands described in his statement, and adds: "Should my said daughter have no child or children to live to be twenty-one years old, my will and desire is that my grandson John Gordon, son of George B. Gordon, shall have it after her death; if she should (195) have child or children to arrive at the above age, my desire is that they shall have it after her death." This makes the defendant Martha Lowther a tenant for life, with a contingent remainder in fee to such child or children as she may have, who live to the age of twenty-one years, with an executory devise over to the plaintiff in the event that no child of Martha Lowther lives to the age of twenty-one years. *Page 151 The allegations of the complaint are that the defendants, at various times from 1863 to 1875, have sold timber trees from the land and have torn down buildings, and have allowed the farm to go to ruin, thereby committing voluntary and allowing permissive waste, and that the defendants are now, at the time of commencing this action, still committing waste by selling timber trees from the land, and that the injury to the estate of inheritance is equal to the value of the life estate. And, therefore, the plaintiff brings this action: First, to restrain waste; second, to recover damages for the waste already committed. The defendants demur.

Citator

UpLaw has not yet analyzed Gordon v. . Lowther. The absence of a flag is not a finding that it is good law.

Cited by
14 opinions