WARD v. WARD, N.C. Super., Judgment, Law, casemine.com

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Davie, for the defendant, laid it down as an established rule of law that a fee cannot be created by deed to take effect or arise in futurio; and here he said, the grantee was not to take till after the grantor's death. Mr. Attorney-General Haywood entered into a discussion of the doctrine of uses, to show that the use might be limited to take effect in this manner by the statute of uses; although it would not have been good at the common law. 27 H. VIII, 10, 208.

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DEN ON DEM. OF WARD v. WARD. — 1 Mart., 28.

When a deed conveyed the whole estate absolutely to the bargainee, but in the premises, though not in the habendum, there was an exception of the grantor's lifetime in any part or parcel of the land, it was held that the fee passed immediately to the grantee, and the reservation was void.

But the Court, ASHE, J., and WILLIAMS, J., stopped the Attorney-General, saying they differed with him in opinion, with respect to the operation of the statute of uses; but they were clearly of opinion without hearing Haywood further, that here the fee immediately passed to the grantee, and the reservation was void.

NOTE. — See the cases of Sasser v. Blyth, 2 N.C. 259, and Smith v. Grady, 13 N.C. 395, which seem to overrule this case.

Cited: Savage v. Lee, 90 N.C. 323.

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WARD v. WARD

DEN ON DEM. OF WARD v. WARD. — 1 Mart., 28.

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