Church v. Ange
Supreme Court of North Carolina
Appeal from Bmgaw, J., from judgment rendered by consent at chambers, 20 December, 1912, from WASHINGTON. This is a controversy submitted without action on the following statement of facts: Section 1. That Clarence Latham, and the other individual plaintiffs named above, constitute the wardens, vestrymen, and trustees of Grace Church, of Plymouth, N. C., and are authorized by law to sell and convey real estate belonging to the said church.
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Appeal from Bmgaw, J., from judgment rendered by consent at chambers, 20 December, 1912, from WASHINGTON. This is a controversy submitted without action on the following statement of facts: Section 1. That Clarence Latham, and the other individual plaintiffs named above, constitute the wardens, vestrymen, and trustees of Grace Church, of Plymouth, N. C., and are authorized by law to sell and convey real estate belonging to the said church. That the said church is an organization with those powers and rights as prescribed in sections 2672, 2673, etc., of Revisal. Sec. 2. That Mrs. M. F.…
1Opinion of the CourtAlleN, J.
The will under consideration contains no restraint upon alienation that the law would not have imposed upon the declaration of trust in favor of Grace Church, as the property is devised in trust, and, in the absence of a power conferred by the will, could not be sold for any other purpose than the one designated, and the language used can have no legal signification except to confer the power to sell.
The language, the property “shall not be disposed of, sold, or used in any other way or for other purpose than the one designated in this clause of my will,” manifests an intention to effectuate…
2Cases cited2 opinions
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- Johnson v. WagnerSupreme Court of North Carolina · 1941
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