Epley v. . Epley
Supreme Court of North Carolina
This was a special PROCEEDING for partition of land, heard on appeal from Clerk before Armfield, J., at Fall Term, 1892, of Burke Superior Court. This action was brought by plaintiffs as heirs -at law and devisees of Peter Epley for a partition of the lands known as the Catharine Epley tract.
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This was a special PROCEEDING for partition of land, heard on appeal from Clerk before Armfield, J., at Fall Term, 1892, of Burke Superior Court. This action was brought by plaintiffs as heirs -at law and devisees of Peter Epley for a partition of the lands known as the Catharine Epley tract. That Peter Epley, Willis Epley, James Epley and Fannie Morrison (wife of John Morrison), the plaintiffs above named, .and John Epley, Jacob Epley and Mary Parker are tenants in common in fee of the tract of land hereinafter described, ■each owning an undivided one-seventh interest therein in fee. The…
1Opinion of the Court
Shepherd, C. J.:
We think it very clear that the will did! not authorize a sale of the land by the executors. The land-devised is not to be sold to pay debts, legacies, costs or charges-of administration, nor is it to be sold with personal property, nor are the proceeds of sale mixed with the personal estate^ It was devised to Catharine for her life, and upon her death it was to be sold and the proceeds equally divided among the-children then living. There is no express authority given the executors, and none can be implied from the provisions-of the will. Bentham v. Weltshire, 4 Mass., 44;…
2Cases cited4 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Alsbrook v. . ReidSupreme Court of North Carolina · 1883
- Council v. . AverettSupreme Court of North Carolina · 1886
- Vaughan v. . FarmerSupreme Court of North Carolina · 1884
3Cited by5 opinions
- Alexander v. . GibbonSupreme Court of North Carolina · 1896
- Graves v. . BarrettSupreme Court of North Carolina · 1900
- Broadhurst v. . MewbornSupreme Court of North Carolina · 1916
- Gomer v. AskewSupreme Court of North Carolina · 1955
- Alexander v. . GibbonSupreme Court of North Carolina · 1896