Everett v. . Griffin
Supreme Court of North Carolina
Civil actioN tried before Whedbee, J., at tbe February Term, 1917, of Nash. Tbis is an action by an executor for tbe construction of a will and for advice as to tbe distribution of tbe proceeds of tbe sale of a tract of land.
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Civil actioN tried before Whedbee, J., at tbe February Term, 1917, of Nash. Tbis is an action by an executor for tbe construction of a will and for advice as to tbe distribution of tbe proceeds of tbe sale of a tract of land. On 26 May, 1915, David Everett, at tbe time domiciled in Nasb County, in tbis State, died seized and possessed of a considerable estate, consisting of botb real and personal property, having theretofore, to wit, on 11 July, 1914, made and published bis last will and testament; and in bis said will tbe testator above named, having first made provision for bis wife, who…
1Opinion of the Court
Allen, J.,
after stating the case: “The direction to sell land operates .as an equitable conversion, and the property or proceeds thereof pass to the beneficiary as personalty.” Lee v. Baird, 132 N. C., 755.
7111 of the text-books and the decided cases support this principle, which rests upon the doctrine that equity regards that as done which ■ought to be done. 3 Pom. Eq. Jur., sec. 1159; Bispham’s Eq., sec. 307; 2 Underhill on Wills, 957; McCabe v. Spruill, 16 N. C., 189; Elliott Loftin, 160 N. C., 361.
We must then deal with the proceeds of sale as personal property, and keeping in mind that…
2Cases cited7 opinions
- Benbow v. . MooreSupreme Court of North Carolina · 1894
- Lee v. Baird.Supreme Court of North Carolina · 1903
- Croom v. . HerringSupreme Court of North Carolina · 1826
- Freeman v. . KnightSupreme Court of North Carolina · 1841
- Mills v. . HarrisSupreme Court of North Carolina · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
- Yelverton v. . YelvertonSupreme Court of North Carolina · 1926
- Brothers v. . CartwrightSupreme Court of North Carolina · 1855
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951