Braddy v. . Dail
Supreme Court of North Carolina
Appeal by plaintiffs from 0. II. Allen, J., at June Term, 1911, of Beaupobt. The plaintiffs in this action are Rena E. Braddy, who before her marriage was Rena E. Thomason and a daughter of Macon B. Thomason, and her husband, -E. A. Braddy; and the defendants are G-eorge I. Dail, trustee, Beulah Thomason, Jasper Thomason, Lawrence Thomason, Bonner Thomasson, and Louise Thomason, the last five being children of Macon B. Thomason, and under the age of twenty-one years.
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Appeal by plaintiffs from 0. II. Allen, J., at June Term, 1911, of Beaupobt. The plaintiffs in this action are Rena E. Braddy, who before her marriage was Rena E. Thomason and a daughter of Macon B. Thomason, and her husband, -E. A. Braddy; and the defendants are G-eorge I. Dail, trustee, Beulah Thomason, Jasper Thomason, Lawrence Thomason, Bonner Thomasson, and Louise Thomason, the last five being children of Macon B. Thomason, and under the age of twenty-one years. Macon B. Thomason was formerly the owner of the land in controversy, and on 6 April, 1906, he executed a deed in trust in the…
1Opinion of the Court
AíleN, J.,
after stating the case: It is not clear that the plaintiff, Rena E. Braddy, is entitled to a life estate in the land in controversy, under the deed in trust. No estate, legal or equitable, is, in terms, conveyed to her, and a construction would be permissible that it was the purpose of the grantor to give her the rents and profits of the land for her support, and no more.
This question is not, however, raised by the appeal, and the case of Cox v. Jernigan, 154 N. C., 584, seems to sustain the contention of the plaintiff as to the extent of her interest.
Conceding, therefore, that she…
2Cases cited1 opinion
- Cox v. . JerniganSupreme Court of North Carolina · 1911