Norwood v. Crowder
Supreme Court of North Carolina
Appeal by defendants from Allen, J., at the April Term, 1919, of Wake. This is an action brought by the plaintiff, "Walter J. Norwood, against the defendant, Ralph H. Crowder, and also against the plaintiff’s brother, W. II.
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Appeal by defendants from Allen, J., at the April Term, 1919, of Wake. This is an action brought by the plaintiff, "Walter J. Norwood, against the defendant, Ralph H. Crowder, and also against the plaintiff’s brother, W. II. Norwood, and sister, Rebecca Norwood Bryan, to have declared void a clause in the will of George W. Norwood, deceased, restricting the sale or disposition of a plantation thereby devised and also to compel said Crowder to perform his agreement to lend the plaintiff $1,000, secured by mortgage on plaintiff’s share in said plantation. George W. Norwood died domiciled in…
1Opinion of the CourtAlleN, J.
Under the facts admitted by the demurrer, the brother and sister of the plaintiff having refused to buy his interest in the land or to lend him any money thereon, the provision in the will amounts to a total restraint on alienation and is therefore void. Trust Co. v. Nicholson, 162 N. C., 263; Schwren v. Falls, 170 N. C., 252; Lee v. Oates, 171 N. C., 721, and cases cited.
In Wool v. Fleetwood, 136 N. C., 465, where the subject is fully discussed by Justice Walicer, it is held, citing Dick v. Pitchford, 21 N. C., 480, that the condition against alienation annexed to a life estate is void, and…
2Cases cited7 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Latimer v. . WaddellSupreme Court of North Carolina · 1896
- Hardy Bros. v. GallowaySupreme Court of North Carolina · 1892
- Dick v. . PitchfordSupreme Court of North Carolina · 1837
- Christmas v. . WinstonSupreme Court of North Carolina · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
- Crockett v. First Federal Savings & Loan Ass'n of CharlotteSupreme Court of North Carolina · 1976
- Smith v. MitchellSupreme Court of North Carolina · 1980
- Pipkin v. Thomas & Hill, Inc.Supreme Court of North Carolina · 1979
- Steward v. BoundsWashington Supreme Court · 1932
7 more not listed; retrieve them via the Exa API.