Makely v. Washington-Beaufort Land Co.
Supreme Court of North Carolina
Crvn, actiost, tried before Bond, J., at January Term, 1918, of OhowaN, upon case agreed. Plaintiff Mary M. Makely, on 9 January, 1918, sold to the defendant ■above‘named a tract of land, known as the “Donnell Farm,” with certain exceptions, for a valuable consideration, which defendant agreed to pay, and a deed sufficient in form to pass the title, and duly executed, was tendered by her to the defendant, which the latter refused to accept upon the ground that the title is…
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Crvn, actiost, tried before Bond, J., at January Term, 1918, of OhowaN, upon case agreed. Plaintiff Mary M. Makely, on 9 January, 1918, sold to the defendant ■above‘named a tract of land, known as the “Donnell Farm,” with certain exceptions, for a valuable consideration, which defendant agreed to pay, and a deed sufficient in form to pass the title, and duly executed, was tendered by her to the defendant, which the latter refused to accept upon the ground that the title is defective, as under the will of her husband, Metrah Makely, the source of her title, she has no power to sell the laird,…
1Opinion of the Court
Walker, J.,
after stating the case: There is no question raised as to the proper distribution of the fund derived- from a sale of the land, the only question being whether plaintiff has the power under the will to sell. The power is given twice; in the first part of the will, it is directed that she may sell for the purpose of paying debts or for a division among the children, and in a later clause a less restricted power is bestowed, namely, “she is to take said property, what she needs for her support, and to sell and make a deed for the same as if it were her own, and without being required…
2Cases cited7 opinions
- Underwood v. CaveSupreme Court of Missouri · 1903
- Parks v. Robinson.Supreme Court of North Carolina · 1905
- Troy v. . TroySupreme Court of North Carolina · 1864
- White v. WhiteSupreme Court of Vermont · 1849
- Stroud v. . MorrowSupreme Court of North Carolina · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Griffith v. . Board of EducationSupreme Court of North Carolina · 1922
- Wells v. . WilliamsSupreme Court of North Carolina · 1924
- R. R. v. . CommissionersSupreme Court of North Carolina · 1891