Allen v. . Baskerville
Supreme Court of North Carolina
ActioN to recover land, tried before Robinson, J., at October Term, 1897, of the Superior Court of Wake County. The plaintiff claimed title under the heirs of one James S. Purefoy. The defendants claimed title through the appointment of certain persons (now dead) named in a deed dated January 1, 1850, from said James S. Purefoy, as trustees of the Forestville Female Academy (an unincorporated institution) and their successors.
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ActioN to recover land, tried before Robinson, J., at October Term, 1897, of the Superior Court of Wake County. The plaintiff claimed title under the heirs of one James S. Purefoy. The defendants claimed title through the appointment of certain persons (now dead) named in a deed dated January 1, 1850, from said James S. Purefoy, as trustees of the Forestville Female Academy (an unincorporated institution) and their successors. The only point in the case is whether by the deed a fee simple passed. His Honor instructed the jury that it did not and directed a verdict for the plaintiff. Defendant…
1Opinion of the Court
Clark, J.:
This conveyance was executed before the Act of 1879, now Code, Section 1280, and hence the word “heirs” was indispensable to convey a fee. There is no allegation that it was omitted by mistake, as was the case in Fulbright v. Goder, 113 N. C., 456. The cestui que trust, “The Forestville Female Academy,” was not incorporated, but if the conveyance had been to the trustees named and their heirs, it may be that the incorporation could now be taken out and the courts certainly would not let the trust 'fail for want of trustees. New trustees could be appointed upon application. But in…
2Cases cited9 opinions
- Vickers v. . LeighSupreme Court of North Carolina · 1889
- Anderson v. . LoganSupreme Court of North Carolina · 1890
- Stell v. . BarhamSupreme Court of North Carolina · 1882
- Moore v. . QuinceSupreme Court of North Carolina · 1891
- Fulbright v. . YoderSupreme Court of North Carolina · 1893
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3Cited by7 opinions
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- Claremont College v. RiddleSupreme Court of North Carolina · 1914
- Tucker v. . SmithSupreme Court of North Carolina · 1930
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