Odom v. . Morgan
Supreme Court of North Carolina
CONTROVERSY without action, beard on case agreed before Shaw, J., at March Term, 1919, of Scotland. From the facts submitted it appears that Mark Morgan, owning a considerable estate, died in said county in January, 1916, leaving a last will and testament in which he devised and bequeathed the bulk of his property, including the lot in controversy, to his wife in trust for ten years under provisions hereinafter stated, and at the end of that time she was to own the estate in…
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CONTROVERSY without action, beard on case agreed before Shaw, J., at March Term, 1919, of Scotland. From the facts submitted it appears that Mark Morgan, owning a considerable estate, died in said county in January, 1916, leaving a last will and testament in which he devised and bequeathed the bulk of his property, including the lot in controversy, to his wife in trust for ten years under provisions hereinafter stated, and at the end of that time she was to own the estate in full. The will also conferred upon his wife the power, in her own last will and testament, to designate a successor in…
1Opinion of the Court
Hoke, J.,
after stating the case: In so far as the interest of Margaret L. Morgan is concerned, her last will and testament expressly confers upon the trustee the power to sell any and all of the property devised or bequeathed to him and convey the same in fee to the purchaser, and the question presented will depend on whether, under the will of Mark Morgan, her predecessor in ownership, there were such limitations imposed upon the property as to prevent the making of a good title until ten years after his death, which time has not yet expired. Be-curring then to the provisions of the said…
2Cases cited8 opinions
- Greene v. . GreeneNew York Court of Appeals · 1891
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Langley v. ConlanMassachusetts Supreme Judicial Court · 1912
- Weeks v. . FrankelNew York Court of Appeals · 1910
- Swisher v. SwisherSupreme Court of Iowa · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Smith v. Bank of PinehurstSupreme Court of North Carolina · 1943
- Blades v. . R. R.Supreme Court of North Carolina · 1944
- Blades v. Norfolk Southern Railway Co.Supreme Court of North Carolina · 1944
- Board of Directors of Theological Seminary v. LowranceSupreme Court of South Carolina · 1923
- Branch Banking & Tr. v. Home Fed. S. & L.Court of Appeals of North Carolina · 1987