Watson v. . Watson
Supreme Court of North Carolina
The bill states that Josiali O. Watson died seized of a large real estate, which he devised to the plaintiff, to have and to hold, during his life, and at his death, to such children of the plaintiff as might be living at his (plaintiff’s) death, and the issue of such as might have died leaving issue; and that it is further provided in the will of the said testator, that if the plaintiff should die without leaving issue living at his death, the estates so given to him should…
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The bill states that Josiali O. Watson died seized of a large real estate, which he devised to the plaintiff, to have and to hold, during his life, and at his death, to such children of the plaintiff as might be living at his (plaintiff’s) death, and the issue of such as might have died leaving issue; and that it is further provided in the will of the said testator, that if the plaintiff should die without leaving issue living at his death, the estates so given to him should be equally divided amongst the defendants, William II. Watson, Henry B. Watson, Geo. W. Watson and Orren L. Dodd. The…
1Opinion of the CourtBattle, J.
In the case of Troy v. Troy, Busb. Eq. Rep. 85, we said, “That a court of equity has, in this State, the power to decree a sale of lands held in trust for a feme covert and infants, upon the petition of the feme and the guardian of the infant, we think, cannot be questioned; and in a proper case, such a sale will be ordered, and the proceeds directed to be laid out in the purchase of other lands, or perhaps vested in stocks, and settled upon the same trust. Whether the power of the court extends to a case like the present, where the trust is for a class of persons, some of whom may, but have…
2Cited by16 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
- Thompson v. . HumphreySupreme Court of North Carolina · 1919
- Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
- Hodges v. Lipscomb.Supreme Court of North Carolina · 1903
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