Mary Eliza Holland held a life estate only in the lands described in the will of her father. If she died leaving lawful issue, such issue took that portion of the lands held by her for life, under the terms of the will, in fee simple. Does the term “issue” or “lawful issue” embrace an illegitimate child? The decisions of this Court do not so hold.
Black’s Law Dictionary gives the construction of the word “issue” as follows: “The word Issue’ in a will is generally a word of limitation,” citing Ford v. McBrayer, 171 N. C., 420, 88 S. E., 736, and other cases. “The word is commonly held to include only legitimate issue. Page v. Roddie, 92 Okla., 236, 218 Pac., 1092; King v. Thissell, 222 Mass., 140, 109 N. E., 880; Hardesty v. Mitchell, 302 Ill., 369, 134 N. E., 745, 24 A. L. R., 565; Love v. Love, 179 N. C., 115, 101 S. E., 562.”
In the case of Hardesty v. Mitchell, supra, the Court said: “The words 'child or children,’ when used in a statute, will or deed, mean legitimate child or children, and will never be extended, by implication, to embrace illegitimate children, unless such construction is necessary to carry into effect the manifest purpose of the legislature, testator or grantor (citing authorities). The term Issue’ is also restricted to legitimate issue, unless there is an express declaration to the contrary, or a necessary implication that illegitimate issue were intended to be included. Marsh v. Field, 297 Ill., 251, 130 N. E., 753.”
*137Tbe respondents rely on C. S., sec. 1654, and tbe cases of Paul v. Willoughby, 204 N. C., 595, 169 S. E., 226, and Battle v. Shore, 197 N. C., 449, 149 S. E., 590.
In Paul v. Willoughby, supra, tbe Court did not pass upon tbe term “issue” or “lawful issue,” but construed tbe meaning of tbe terms “legal beirs of tbe body,” “legal heirs” and “lawful beirs,” and held these latter terms included an illegitimate child of tbe daughter of tbe devisor. In tbe case of Battle v. Shore, supra, Horace Battle and Harriet Battle were husband and wife. The land was devised by tbe husband to bis wife for life and after her death to be equally divided between tbe beirs of Horace Battle, tbe devisor, and tbe beirs of Harriet Battle, the devisee. Tbe devisor died leaving an illegitimate son, tbe devisee died leaving two illegitimate sons. Under the provisions of C. S., 1654, tbe sons of Harriet Battle took title to the land to tbe exclusion of tbe illegitimate son of Horace Battle.
Tbe defendant Joe Holland, tbe illegitimate child of Mary Eliza Holland, under tbe provisions of C. S., 1654, is eligible to inherit from bis mother, but be cannot take as tbe lawful issue of bis mother under tbe terms of tbe will of bis grandfather. Upon the death of Mary Eliza Holland she left no estate or interest in tbe devised lands which her illegitimate son could inherit from her. Love v. Love, supra; Faison v. Odom, 144 N. C., 107, 56 S. E., 793; Whitfield v. Garris, 134 N. C., 24, 42 S. E., 568; Fairly v. Priest, 56 N. C., 383.
The judgment of the court below is
Reversed.