{
  "id": 8691557,
  "name": "William Kent, adm'r. of Sarah A. Kent, v. William Watson, ex'r. of Ephraim Miller",
  "name_abbreviation": "Kent v. Watson",
  "decision_date": "1833-12",
  "docket_number": "",
  "first_page": "366",
  "last_page": "368",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Dev. Eq. 366"
    },
    {
      "type": "official",
      "cite": "17 N.C. 366"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T20:04:28.297091+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "William Kent, adm\u2019r. of Sarah A. Kent, v. William Watson, ex\u2019r. of Ephraim Miller."
    ],
    "opinions": [
      {
        "text": "Dai\u00edibe, Judge,\nafter stating the will and facts as above set forth, proceeded: \u2014 if a legacy is given to a person, when that person and ves at the age of twenty-one, it is a contingent legacy,' and if the legatee dies before that time, the legacy is lapsed. If the question now rested on the construction of the first clause in the will, relative to the two legacies to Sally Jinn and Barsheba Miller, it would be very clear that the plaintiff could not recover, as it appears that Sally Jinn died before she arrived at lawful age. The testator, however, may prevent the legacy from lapsing ; but to do so, he must not only declare his intention to that effect, but he must likewise mention the person who is to take it. In the second clause in the will, concerning these two legacies, the testator expressly declares that if either of his granddaughters should die before she arrived to the age of twenty-one, or married, her legacy should go to the survivor. lie further declares that the legacies shall not come to her estate, or to his residuary legatees, until both his grand-daughters shall have died, under age and unmarried. The arrival to lawful age, or marriage of either of the two grand-daughters, were the contingencies upon which the legacies vested. If either of the events occurred, the legacy was no longer contingent, but then became a vested legacy. After the marriage of Sally Jinn, and her death before twenty-one, the legacy could not, by the express declaration of the testator, go to the survivor, nor could it come to the testator\u2019s estate, but upon the event of both contingencies failing. Where was it then to go? The answer is plain. It became vested in Sally Ann on her marriage, and on her death, it went to the plaintiff, as her administrator. Although the legacy became vested on the marriage of Sally Ann Miller, yet we think it was not payable until the time she would have arrived at the age of twenty-one years, \u00a1f she had lived; and therefore no interest is allowed Upon it, un.til after that time.\nFee Cueiam. \u2014 Decebe eoe plaintiff.",
        "type": "majority",
        "author": "Dai\u00edibe, Judge,"
      }
    ],
    "attorneys": [
      "Hogg, for the plaintiff.",
      "No counsel appeared for the defendant."
    ],
    "corrections": "",
    "head_matter": "William Kent, adm\u2019r. of Sarah A. Kent, v. William Watson, ex\u2019r. of Ephraim Miller.\nA legacy to a grand-child \u201c when she comes of age,\u201d and \u201c if she dies before she arrives at lawful age or marries,\u201d then over, is contingent, and vests only upon her arrival at full age or marriage. But the payment is postponed until she comes of age,and interest acciues only from that times.\nThe defendant\u2019s testator, by his will, bequeathed as follows: \u2014 >\n\u201c I give and bequeath to my two grand-daughters, \u201c Sally Jinn and Barsheba Miller, when they arrive at u age, one thousand dollars, to be paid them out of my \u201c estate, or whenever my executors can afford to pay it \u201c out of my estate. If either of my grand-danghters, \u201c Barsheba or Sally Jinn Miller, should die before they \u201c arrive at lawful age or marry, I wish the survivor to \u2666\u2018 heir that one\u2019s part that should so die, and in case \u2666\u2018both should die before arriving at lawful age or mar- \u201c rying, I wish their legacies to return to my estate.\u201d\nThe case made by the bill and answer was, that the plaintiff married Sarah, who died before she arrived at full age, leaving Barsheba surviving her, and the only questions were, whether the the legacy to the plaintiff\u2019s wife was lapsed because of her death within age \u2014 and if not, when did interest upon it begin to run.\nHogg, for the plaintiff.\nNo counsel appeared for the defendant."
  },
  "file_name": "0366-01",
  "first_page_order": 374,
  "last_page_order": 376
}