Court of Appeals of North Carolina
520 S.E.2d 128 (1999)
Myrtle G. Canoy had 10 children. Myrtle died leaving a will devising her farm to her “son, Roger Canoy, for the term of his natural life, and at his death, in ten (10) equal shares to my ten children, and for any that are deceased, to their issue, if any.” Roger Canoy (plaintiff) and his nine other brothers and sisters all survived Myrtle’s death. Roger brought a declaratory judgment action requesting the court interpret the will and declare Roger’s interest in the property. The trial court found Roger had a life estate and ruled only those siblings who survived Roger’s death would take a remainder share. Roger appealed the trial court’s decision. On appeal, Roger and the guardian ad litem for the unborn heirs (defendants) both argued that the trial court impliedly found that the children’s remainder was contingent, but that the court should have found that the remainder interests were vested at Myrtle’s death. They then argued that, if the remainder had already vested when Myrtle died, each child did not have to survive Roger to inherit his or her share.
Rule of Law
Holding and Reasoning (Hunter, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.