Blake v. Blake
Supreme Court of North Carolina
Civil ACTION, brought by plaintiffs for the partition of land, heard before Greene, The property sought to be partitioned was devised to the parties by the will of Susan O. R. Blake, as follows : “ I give, devise and bequeath all my real property and estate of whatsoever description, consisting of town lots, houses, &c., in the town of Lumberton, N. 0., and the land in Britt’s township, in said county, known as the Britts land, to my husband, W. B. Blake, in trust for all my…
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Civil ACTION, brought by plaintiffs for the partition of land, heard before Greene, The property sought to be partitioned was devised to the parties by the will of Susan O. R. Blake, as follows : “ I give, devise and bequeath all my real property and estate of whatsoever description, consisting of town lots, houses, &c., in the town of Lumberton, N. 0., and the land in Britt’s township, in said county, known as the Britts land, to my husband, W. B. Blake, in trust for all my children, to be equally divided between them when the youngest child shall arrive at the age of twenty-one years. I…
1Opinion of the Court
Clark, J.:
Under the devise in the will, which is-appended to the complaint, the property was left in trust to be “ divided when the youngest child should arrive at age.” That contingency not yet having happened, a division can not be ordered. Green v. Green, 86 N. C., 546. The complaint fails to state a cause of action.
Dismissed.. .
2Cases cited1 opinion
- Green v. . GreenSupreme Court of North Carolina · 1882
3Cited by3 opinions
- Greene v. . StadiemSupreme Court of North Carolina · 1930
- Cilley v. . GeitnerSupreme Court of North Carolina · 1921
- Anderson v. EdwardsSupreme Court of North Carolina · 1954