Whitehead v. . Weaver

Clark, C. J. The conveyance of the remainder to “Polly Whitehead and the children of Penina Dixon, deceased,” vested such remainder in fee in them as tenants in common, an undivided one-ninth interest to each, there being eight children of Penina Dixon. Upon the death of Polly Whitehead, who died after the life tenancy ceased, her undivided one-ninth descended to her three children, the plaintiffs herein. In Helms v. Austin, 116 N. C., 752, a deed to “Sarah Staton and her children” was held to convey a fee simple to said Sarah and children as tenants in common. This was cited and approved. Darden v. Timberlake, 139 N. C., 182. In King v. Stokes, 125 N. C., 514, the words “Unto Alfred May during the term of his natural life, and after his death to his wife, the said Ida Eugenia, and her children” were held to *90 confer a remainder upon said wife and children as tenants in common. In Gay v. Baker, 58 N. C., 344, the conveyance in trust for a woman and her children was held to make the mother and children tenants in common. The same construction was held as to a devise in Moore v. Leach, 50 N. C., 88; Hunt v. Satterwhite, 85 N. C., 73; Hampton v. Wheeler, 99 N. C., 222. In Silliman v. Whitaker, 119 N. C., 89, it was held that a devise to “S. and her children, if she shall have any,” vested the title in S. and her children as tenants in common. The ruling below that the devise carried a half interest to Polly Whitehead must be Reversed.