Ex Parte Yancey
Supreme Court of North Carolina
PetitioN, ex parte, for sale of land for re-investment. There was order of sale. Sale reported and beard before Brown, J., at Wake Superior Court, February Term, 1899. One of the purchasers, J. I). Boushall, upon notice, refused to complete his purchase, on the ground, alleged, that he did not buy a good title. The Court adjudged otherwise, and required him to complete his purchase, to which ruling the purchaser excepted and appealed.
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PetitioN, ex parte, for sale of land for re-investment. There was order of sale. Sale reported and beard before Brown, J., at Wake Superior Court, February Term, 1899. One of the purchasers, J. I). Boushall, upon notice, refused to complete his purchase, on the ground, alleged, that he did not buy a good title. The Court adjudged otherwise, and required him to complete his purchase, to which ruling the purchaser excepted and appealed. The point in issue related to a devise for life with remainder over, contained in the will of N. S. Harp. The devise under consideration, and the circumstances…
1Opinion of the Court
Faiecloth, O. J.
N. S. Harp devised as follows: “All the residue of my estate, real and personal and mixed, I give and bequeath to my wife, Lucy H. Harp, during her natural life, and then in remainder to my daughter Elodia Benton Yancey, wife of Thomas B. Yancey, during her natural life and then to her children.” Elodia and her children, some of whom are minors represented by their next friend, ash the Court to order a sale of the land, and that the proceeds be invested under the direction of the Court for their benefit. The purchaser of one lot declines to pay his bid, and raises the question…
2Cases cited5 opinions
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
- Williams v. . HassellSupreme Court of North Carolina · 1876
- Miller Ex-ParteSupreme Court of North Carolina · 1884
- Watson v. . WatsonSupreme Court of North Carolina · 1857
- Justice v. . GuionSupreme Court of North Carolina · 1877
3Cited by7 opinions
- McPherson v. First & Citizens National Bank of Elizabeth CitySupreme Court of North Carolina · 1954
- John L. Roper Lumber Co. v. HerringtonSupreme Court of North Carolina · 1922
- Beam v. . GilkeySupreme Court of North Carolina · 1945
- Bullock v. Planters Cotton-Seed Oil Co.Supreme Court of North Carolina · 1914
- Mennig v. GravesSupreme Court of Iowa · 1931
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