Dorsey v. . Moore
Supreme Court of North Carolina
Civil action, tried before Boykin, J., at Fall Term, 1887, of Burke Superior Court. It appears that Babel Moore died in the County of Burke in 1874, leaving a last will and testament, which was duly proven, by which he devised to his surviving widow, Nancy B. Moore, all his real estate — the land described in the complaint — for her life or widowhood, and then to the plaintiffs, except the husband plaintiff, in fee.
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Civil action, tried before Boykin, J., at Fall Term, 1887, of Burke Superior Court. It appears that Babel Moore died in the County of Burke in 1874, leaving a last will and testament, which was duly proven, by which he devised to his surviving widow, Nancy B. Moore, all his real estate — the land described in the complaint — for her life or widowhood, and then to the plaintiffs, except the husband plaintiff, in fee. This action was brought by the plaintiffs, as the owners of the fee simple estate in the lands, subject to the life estate, to recover damages for alleged waste by the life-tenant…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). As to forest lands ■and timber trees thereon, generally, the life-tenant may, if need be, clear tillable land, to be cultivated for the necessary support of himself and his family, and this he may do although the ordinary forest timber be destroyed in the ■course of clearing the land. He may also cut and use timber appropriate for necessary fuel, for repairing fences, for making such as are necessary — for repairing houses and building such as are reasonably needed on the land or plantation. But it is waste to cut timber from the land merely for sale —…
2Cases cited1 opinion
- Potter v. . MardreSupreme Court of North Carolina · 1876
3Cited by9 opinions
- Latham v. Lumber Co.Supreme Court of North Carolina · 1905
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Thomas v. . ThomasSupreme Court of North Carolina · 1914
- Piland v. PilandCourt of Appeals of North Carolina · 1975
- State Ex Rel. Turner v. TurnerSupreme Court of North Carolina · 1889
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