Wachovia Bank & Trust Co. v. John Thomasson Construction Co.

*406PARKER, C.J..This appeal presents two questions for decision: (1) Is the restriction on alienation in the deed creating the charitable trust valid? (2) May the court, in the exercise of its equitable jurisdiction, authorize a sale of the real property in said trust under the facts and circumstances shown by the record? We will consider these questions in their numerical order.

It is well settled in this jurisdiction that the rule against perpetuity does not apply to charitable trusts, and such trusts may continue indefinitely. Trust Co. v. Williamson, 228 N.C. 458, 46 S.E. 2d 104; Penick v.…