Barbee v. . Penny
Supreme Court of North Carolina
Oivii, actioN tried before ■Cline, J., at May Term, 1916, of Guilfobd. This action, was brought by the plaintiffs as the executors of Mrs. Louisa O. E. Barbee for the cancellation of a certain contract for the sale by the defendant of a tract of land containing 150 acres described in' the will of Mrs. Barbee and therein directed by her to be sold by her executors.
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Oivii, actioN tried before ■Cline, J., at May Term, 1916, of Guilfobd. This action, was brought by the plaintiffs as the executors of Mrs. Louisa O. E. Barbee for the cancellation of a certain contract for the sale by the defendant of a tract of land containing 150 acres described in' the will of Mrs. Barbee and therein directed by her to be sold by her executors. The provisions of the will relating to the matter are as follows: “6. It is my will, and I so direct, that my farm of about 150 acres in northeast part of High Point, N. C., being developed by my three sons, C. A. Barbee, W. F.…
1Opinion of the Court
Waxiíer, J.,
after stating the case: ¥e are unable to decide the questions raised upon the argument and discussed in the briefs of counsel, for the reason that all the necessary parties to be affected by the judgment are not now before the Court. It will be observed that this is not the case of a devise of the land to the executors, as trustees, for the purpose of sale, but the will merely gives them a naked power of sale, and when this is the case ‘Whatever is not given away to some person must descend.’ The heir takes, not by the bounty of the testator, but by force of the law, even against…
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- Hall v. HarrisTexas Supreme Court · 1854
- Den Ex Dem. Ferebee v. ProcterSupreme Court of North Carolina · 1837
- Monday v. VanceCourt of Appeals of Texas · 1895
- Clifton v. OwensSupreme Court of North Carolina · 1916
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- First National Bank of Durham v. ThomasSupreme Court of North Carolina · 1933