Pilley v. . Sullivan
Supreme Court of North Carolina
Appeal from a judgment of Horton, J., at tbe October Term, 1921, of BEAUFORT. Submission of controversy without action. The statement of the agreed facts is as follows: “1. That J. T. Pilley was duly appointed as commissioner in a special proceeding in the Superior Court of Beaufort County, entitled, £J. T. Pilley and wife, Mattie E. Pilley, and Kathleen Lamm, by next friend, J. T. Pilley and Sidney Lamm, ber husband, ex parte,’ and as such commissioner, duly authorized and…
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Appeal from a judgment of Horton, J., at tbe October Term, 1921, of BEAUFORT. Submission of controversy without action. The statement of the agreed facts is as follows: “1. That J. T. Pilley was duly appointed as commissioner in a special proceeding in the Superior Court of Beaufort County, entitled, £J. T. Pilley and wife, Mattie E. Pilley, and Kathleen Lamm, by next friend, J. T. Pilley and Sidney Lamm, ber husband, ex parte,’ and as such commissioner, duly authorized and empowered to convey to J. B. Sullivan the tract of land known as the A. S. Pilley land, containing, 100 acres, more or…
1Opinion of the CourtAdams, J.
The contention of the parties jn’esents for determination tbe quantity of tbe estate embraced in items four and five of tbe last will and testament of Alfred S. Pilley. Tbe clause wbicb purports to ingraft upon the devise an unlimited restraint on alienation is not only repugnant to tbe estate devised, but is in contravention of public policy, and therefore void. Latimer v. Waddell, 119 N. C., 370; Wool v. Fleetwood, 136 N. C., 461; Christmas v. Winston, 152 N. C., 48; Lee v. Oates, 171 N. C., 717.
Lord Coke is credited witb tbe observation tbat “wills and tbe construction of tbem do more…
2Cases cited7 opinions
- Latimer v. . WaddellSupreme Court of North Carolina · 1896
- May v. Lewis.Supreme Court of North Carolina · 1903
- Francks v. . WhitakerSupreme Court of North Carolina · 1895
- Lee v. OatesSupreme Court of North Carolina · 1916
- Christmas v. . WinstonSupreme Court of North Carolina · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Davison v. Duke UniversitySupreme Court of North Carolina · 1973
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Jones v. WaldroupSupreme Court of North Carolina · 1940
17 more not listed; retrieve them via the Exa API.