Cline v. . Latimore

Supreme Court of North Carolina

Cline v. . Latimore

60 N.C. 206

DecidedJune 5, 1864

StatusPublished

This text of 60 N.C. 206 (Cline v. . Latimore) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cline v. . Latimore, 60 N.C. 206 (N.C. 1864).

Pincite

Opinion

We concur with the court below in awarding a judgment of nonsuit.

The reversion in the parcel of land devised to the wife for life was a part of the testator's estate undisposed of specifically, and which fell therefore into the residue. *Page 127

This executor is required to sell and divide among the heirs, so as to equalize shares. It must be converted into cash, and applied as the will directs; in other words, the will must be fully executed before the sum secured by the covenant can be ascertained or considered due. The action was therefore premature.

The judgment of nonsuit is (208)

Affirmed.

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We concur with the court below in awarding a judgment of nonsuit.

The reversion in the parcel of land devised to the wife for life was a part of the testator's estate undisposed of specifically, and which fell therefore into the residue. *Page 127

This executor is required to sell and divide among the heirs, so as to equalize shares. It must be converted into cash, and applied as the will directs; in other words, the will must be fully executed before the sum secured by the covenant can be ascertained or considered due. The action was therefore premature.

The judgment of nonsuit is (208)

Affirmed.

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Bluebook (online)

60 N.C. 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cline-v-latimore-nc-1864.