Johnson v. Gaines

55 S.E.2d 191, 230 N.C. 653, 1949 N.C. LEXIS 416

• Court: Supreme Court of North Carolina
• Decided: September 28, 1949
• Status: Published

Opinion

DeNNY, J.

It is conceded that the tendered conveyance is valid unless the immediate power of alienation is affected by the expressed desire of the testator that no part of the property be sold for a period of thirty-five years after his death.

It has been uniformly held by this Court that an absolute restraint on alienation, for any length of time, annexed to a grant or devise in fee, is void. A condition subsequent attempting to limit the right of a devisee to sell or mortgage such devised premises will be regarded as inoperative and void. Douglass v. Stevens, 214 N.C. 688, 200 S.E. 366; Barco v. Owens, 212 N.C. 30, 192 S.E. 862; Williams v. Sealy, 201 N.C. 372, 160 S.E. 452; Combs v. Paul, 191 N.C. 789, 133 S.E. 93; Brooks v. Griffin, 177 N.C. 7, 97 S.E. 730; Schwren v. Falls, 170 N.C. 251, 87 S.E. 49; Holloway v. Green, 167 N.C. 91, 83 S.E. 243; Trust Co. v. Nicholson, 162 N.C. 257, 78 S.E. 152; Christmas v. Winston, 152 N.C. 48, 67 S.E. 58.

The judgment of the court below is

Affirmed.