Justice v. . Guion
Supreme Court of North Carolina
Contingent Remainder — Power of Court to Sell Land. Civil ActioN, tried at Eall Term, 1876, of Craves Superior Court, before Seymour, J. • The action was brought to obtain an order to sell a certain house and lot in the City of Newbern.
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Contingent Remainder — Power of Court to Sell Land. Civil ActioN, tried at Eall Term, 1876, of Craves Superior Court, before Seymour, J. • The action was brought to obtain an order to sell a certain house and lot in the City of Newbern. In 1853, this property was conveyed by one Sarah Tilman to a trustee “ for the benefit- of her niece (the plaintiff Eerebee Justice) for life, with remainder to the children of said Eerebee who should survive her to be equally divided between them, with a further provision that if any child, of said Eerebee should die before her leaving a child or children,…
1Opinion of the CourtEaiecloth, J.
The petition alleges that a sale of the premises and re-investment of the proceeds would greatly promote the interests of the plaintiff's, and this allegation is admitted by the- demurrer of the defendant, who ' however denies the power Of the Court to'order a sale on the ground that the plaintiffs’ interest in the premises, except the life tenant, is contingent.. The .property was conveyed by deed to the defendant in truét for Mrs. -Justice ' during her life, and then to'be surrendered to her children who “ shall survive her and be living at her decease,” to be equally divided &c. The Court…
2Cases cited1 opinion
- Williams v. . HassellSupreme Court of North Carolina · 1876
3Cited by8 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
- Ex Parte YanceySupreme Court of North Carolina · 1899
- Marsh v. Dellinger.Supreme Court of North Carolina · 1900
- Hutchinson v. . HutchinsonSupreme Court of North Carolina · 1900
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