Brandis v. . McMullan, Attorney-General

50 S.E.2d 7, 229 N.C. 411, 1948 N.C. LEXIS 331

• Court: Supreme Court of North Carolina
• Decided: November 3, 1948
• Status: Published

Opinion

Stacy, C. J.

It will be observed that the portion of the Parsonage Square which the Trustees of the Maxwell Chambers Trust propose to exchange is not under the inhibition from sale or alienation as are the lots in the Church Square devised to the same devisees. Brandis v. Trustees of Davidson College, 227 N. C. 329, 41 S. E. (2) 833. Thus, on this record, and the determinations of the trial court the judgment approving the exchange will be sustained.

The suggestion of the guardian ad litem that the condition attached, “the church may continue to use the present Church Building and facilities rent free until a new church building can be erected on the Parsonage Square” is too indefinite and subject to unlimited postponement, was considered by the trial court and held to be insufficient to thwart the proposed exchange, ffe approve. Reynolds Foundation v. Trustees of Wake Forest College (Exception No. 6), 227 N. C. 500, 42 S. E. (2) 910.

The judgment will be upheld.

Affirmed.

F.RviN, J., took no part in the consideration or decision of this case.