Newspapers / The Chowan Herald (Edenton, … / June 30, 1960, edition 1 / Page 14
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Two PAGE SIX I h lB is the Law pfc. ML mm By ROBERT E. LEE (For iha M. C. Bar Association) Inclusion Os Children Real property is conveyed to “John Doe and his children.” At Che time of the execution of the deed John Doe had no children. Two children of his were sub sequently bom. May John Doe, without the consent of the two cnildren, sell the land and use the proceeds of the stile in any way he desires? Yes. Since John Doe had no children at the time of the exe cution of the deed, he has ac quired under the law of North] Carolina an absolute ownership to the property. He is the sole owner of the property. His chil dren have no legal rights in its ownership. As of the effective date of the deed, there were no children in existence who could answer to a roll call of his children. This rule is applicable alike to both deeds and wills. For exam ple, if a provision in a will gives property “To John Doe and his] children”, and he has no chil PURE gasolines' hold more records for performance than any other”* PURE gasolines have sparked 38 different makes and models of cars to over KU 240 certified performance records. Records for acceleration, power. I* p||||£ Ml mileage and economy. 90 WJj And now Pure-Premium has been boosted in octane... boosted into the auner-premium class. It delivers more anti knock power than ever before. So drive into any Pure Oil station and get Pure-Premium. It’s auner Quality / ~. ready to give record road performance in your car. I •c wtifiml ky NASCAK iNelimel Atmdetmm ft Stock Cen) W | Ht«iav«k Get PURE-PREMIUM ysm Ek. , ...It’s super premium now WINSLOW OIL COMPANY^ dren at the time of the testator's death, John Doe * becomes the sole and absolute owner of the, prcptity. His future children do not acquire any interest in the propet ty. In the overwhelming majori ty of other states, the provision t is construed to mean a life es i late to John Doe with remainder to his children. Real property is conveyed to' “Sam Smith and his children,” At the lime of the execution of the deed Sam Smith had one child, but subsequently two oth er children of his were bom. Who now owns the real prop erty ? Sam Smith and his oldest child own the property in equal shares as tenants in common. The two children bom subsequent to the execution of the deed do not have any legal interest in the property. The two youngest children were not born as of the effective] date of the deed, and as a con- i [sequence they were unable to! answer to the roll call of Sam i 1 Smith's children at this time, i This is the law not only in ] North Carolina but most of the other states. It is applicable to i provisions in both deeds and i wills in the absence of a clearly expressed intention to the con trary. It should be carefully observ jed that the ease involving John | Doe is factually different from the one involving Sam Smith—in the former there is no child aiive at the time of the exeou ] tion of the deed, in the latter there is. Although the written j provisions in the two deeds are the same, the court construes them differently because of the factual situation existing at the ('time the deed foes into effect is' • not the same. ■j i It may be that the legal re- : ! suit in both cases are contrary to the actual intention of the . grantor. If so. the fault is with, i the choice of language used. A' good lawyer could have drafted • a provision effectuating whatever; j actual intention the grantor had jin mind. The interest of future! ( children could have been pro -1 teeted by a carefully drawn in- J ' strament. 1 1 .1 _ - - This is the last of a spring i series of articles that have ap peared weekly during the past three months. They have been I written for the non-lawyer as a ; i public service of the North Caro- j i ltna Bar Association. Another [ ■ series will be started in the fall.. . Weekly Devotional L Column R* JAMRS MaeARN/IR ; ,! Stand up, stand up for Jesus! i! Ye soldiers of the cross! Litt high His royal banner. It must not suffer loss. ■ From victory unto victory i His army shall He lead, 1 j Till every foe is vanquished, And Christ is Lord indeed! t? ■ ; Stand up, stand up for Jesus! ' The trumpet call obey, , Forth to the mighty conflict | In this His glorious day: Ye that are men now serve Him j Against unnumbered foes: Your courage rise with danger, ■ And stretigih to strength opt*iso. if /•. 1 The author of this stirring anil : popular hymn, George Duffield. | ■ was pastor of a struggling Pres-! bvterian church in a rapidly de-i, V«j£ ww.VnK acakaij. fijciiiJiii (SLuOaKA. JUNE aO. li&ii. terkxrating area .of Philadelphia rin the middle of the last cen tury. Struggling with finances, struggling with the problem of, gaining new members, and above all, struggling with thej forces of sin so prevalent around : it. Often he would become dis couraged, and cry out to God for , revival. Finally in 1857, the Lord an ! swered his prayer, and the pray ] ers of other Christians, in a man j ner far beyond their fondest I expectations. Beginning in New ] York He poured out His Holy {Spirit from one end of the country to the other, bringing about a revival unparalelled in American history. In Philadel phia. the leading spirit of the j revival was the Rev. Dudley Tyng, a young man of unusual . evangelistic fervor and Christian I piety who had recently been I ousted from his church for i preaching a strong anti-slavery i sermon Preaching to daily con gregations in excess of five ; thousand, Tvng was used of God to bring scores of thousands to a saving knowledge of Jesus Christ. Other clergymen of the city supported him, including George Duffield. Then came Tyng’s sudden leath. The previous Sunday he had proclaimed the glorious Gos pel to a huge audience, and led more than a thousand of them ito the Lord. "The following Wednesday,” writes Mr. Duffield, “he left his study for a moment j and went to the bam where a; mule was at work on a horse-! power machine shelling corn. | Patting him on the neck, the sUeves of his silk gown caught in the cogs of the wheel and his arm was torn out by the roots.” He died five days later. Several friends were present at i his ■ bedside, and one of them . asked if he had arty message to j , 1 send to his people. Tyng replied, j :, “Tell 'them, ‘Let us all stand up [ for Jesus’.” (j The lollowing Sunday, Rev. ! Duffield, who had been present 1 ■ at Tyng’s bedside, preached to ! • his own congregation from the j text: “Stand therefore, having . your loins girt about with j ,i truth ...” (Ephesians 6:14), clos-j| . ing his message with the words j ; to the hymn we all now knowl ■ and love. When published it! became instantly popular, espe . daily among the soldiers of the ; Civil War, and has since travel , ed about the earth having been . translated into many languages. Stand up, stand up for Jesus! I Stand in His strength alone; i The arm Os flesh • fail you, i Ye dare not trust* ypVr own; • Put on the Gospel, armor, ■ Each piece put on with prayer;*. . Where duty calls, or danger, 1 Be never wanting there. I d i Stand up, stand up for Jesus! : The strife will not be long; ■ This day the noise of 'battle, ; The next the victor’s song: To him that overcometh i A crown of life shall-be, > He with the King of Glory . Shall reign eternally. I ——> j BaX^MIE * r NIGNf HI ■ Raleigh The Motor Vehicles ; Department’s summary of 'traffic 1 deaths through 10 A. M., Mon • dav, June 27, 1960 follows: . Killed To Dale 522 t Killed To Dale Last Year 529 3 MORE W BIG • DAYS! - OF - -^H TRUCK FARMER’S YOU WILL FIND A BUMPER HARVEST OF VALUES IN EVERY DEPARTMENT DURING OUR TRUCK FARMER’S FESTIVAL. THIS IS OUR BIG SALE THAT NOBODY WANTS TO MISS SO YOU COME FOR SURE. : — > • i Folks, here’s the real Festival that everybody has been wait ing for! It’s BELK-TYLER’S Festival of Bargains to help celebrate the season of our Truck Crops! We’ve been plan ning for some months and have been lining up Bargains for this event! Read every item and then rush down to see each item and to save big money on all your purchases!
The Chowan Herald (Edenton, N.C.)
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June 30, 1960, edition 1
14
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