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
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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 •
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- OF
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SO YOU COME FOR SURE.
: —
> • i
Folks, here’s the real Festival that everybody has been wait
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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!