Trogden v. . Williams
Supreme Court of North Carolina
Civil ACTION, heard upon facts agreed, by Allen, J., April Term, 1906, of the Superior Court of ÜNSlow County. Judgment for defendants; plaintiffs appealed. The plaintiffs prosecute this action against the defendants, R. J. Williams and II. C. Eoscue, executors of Narcissa S. Eonville, deceased, for the purpose of compelling them to specifically perform a contract, or option, in regard to a body of land lying in Onslow County. The other defendants, devisees of.
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Civil ACTION, heard upon facts agreed, by Allen, J., April Term, 1906, of the Superior Court of ÜNSlow County. Judgment for defendants; plaintiffs appealed. The plaintiffs prosecute this action against the defendants, R. J. Williams and II. C. Eoscue, executors of Narcissa S. Eonville, deceased, for the purpose of compelling them to specifically perform a contract, or option, in regard to a body of land lying in Onslow County. The other defendants, devisees of. Mrs. Foscue and Remide, who purchased from them the same land, are brought in as parties, to the end that they may be bound by the…
1Opinion of the Court
Connor, J.,
after stating the case: In the judgment rendered by his Honor he sets out, with his usual clearness, the question presented by the case agreed.
First, does the will of Narcissa S. Fonville confer upon the executors the power to sell the lands in controversy? While the language of the will in regard to the disposition of the estate, endeavoring to anticipate possible or probable con tingencies, is somewhat obscure, we concur with bis Honor that the executors bad the power,- under tbe will, to sell the lands. We do not attach importance to the suggested limit of three years within…
2Cases cited14 opinions
- Black v. MaddoxSupreme Court of Georgia · 1898
- Weaver v. BurrWest Virginia Supreme Court · 1888
- Lumber Co. v. Corey.Supreme Court of North Carolina · 1906
- Litz v. GooslingCourt of Appeals of Kentucky · 1892
- Hopwood v. McCauslandSupreme Court of Iowa · 1903
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3Cited by37 opinions
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- Hardy v. . WardSupreme Court of North Carolina · 1909
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