Vaughan v. . Farmer
Supreme Court of North Carolina
Wills — Power of executor to sell land. Special Proceeding} commenced before the clerk and heard at Spring Term, 1882, of Wilson Superior Court, before Gil-mer, J. This was a proceeding for an order to sell certain mill property for partition. The plaintiff alleged that the sale of the same by executors under the power supposed to be conferred upon them by the will of the testator, was contrary to law.
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Wills — Power of executor to sell land. Special Proceeding} commenced before the clerk and heard at Spring Term, 1882, of Wilson Superior Court, before Gil-mer, J. This was a proceeding for an order to sell certain mill property for partition. The plaintiff alleged that the sale of the same by executors under the power supposed to be conferred upon them by the will of the testator, was contrary to law. Upon the facts agreed, which are set out in the opinion here, the court below held that the plaintiff was not entitled to maintain his action, and from the judgment dismissing the same, the…
1Opinion of the CourtSmith, C. J.
John Batts died in the year 1858, seized and possessed of certain real estate, known as his mill, and leaving a will which was in April proved before the county court of Wilson, and the executors therein appointed (William B. Batts and William W. Batts), at the same time accepted the trust, took the prescribed oath, and entered upon the discharge of their duties. The mill is devised in the first clause of the will as follows:
Item 1. “I give unto my wife, Mary Batts, during her life or widowhood, one feather bed and furniture, one blue chest, one cow and calf, one sow and pigs, one claybank…
2Cases cited1 opinion
- McDowell v. . WhiteSupreme Court of North Carolina · 1873
3Cited by15 opinions
- Powell v. . WoodcockSupreme Court of North Carolina · 1908
- Council v. . AverettSupreme Court of North Carolina · 1886
- Broadhurst v. . MewbornSupreme Court of North Carolina · 1916
- Saunders v. . SaundersSupreme Court of North Carolina · 1891
- Bedford v. BedfordTennessee Supreme Court · 1903
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