Lawson v. Lawson

267 N.C. 643, 148 S.E.2d 546 (1966)

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Nature of the Case

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Facts

Testator left land to one of his daughters for life. At her death, if she had no issue, the land was to go to her whole brothers and sisters. The daughter died without surviving issue. Upon her death, her surviving brothers and sisters petitioned to have the land partitioned among themselves. However, the children of two deceased brothers (D) also claimed an interest in the land. The court below found for P. D appeals, arguing that the brothers and sisters' interests vested at the time of the testator's death, not at the life tenant's death.