Justice v. . Guion

76 N.C. 442

• Court: Supreme Court of North Carolina
• Decided: January 5, 1877
• Status: Published

Opinion

Eaiecloth, J.

The petition alleges that a sale of the premises and re-investment of the proceeds would greatly promote the interests of the plaintiff's, and this allegation is admitted by the- demurrer of the defendant, who ' however denies the power Of the Court to'order a sale on the ground that the plaintiffs’ interest in the premises, except the life tenant, is contingent.. The .property was conveyed by deed to the defendant in truét for Mrs. -Justice ' during her life, and then to'be surrendered to her children who “ shall survive her and be living at her decease,” to be equally divided &c. The Court would gladly- aid the petitioners in promoting their interest, but it has not .the-power to do so._ The estate of the plaintiffs is a contingent remainder-and'the contingency arises out of the uncertainty of the persons who-will be able 16 take .'the estate at their mother’s decease. Some of the children now living may die without issue and others may be born before the life estate terminates. No one can now tell how these matters may then be. This rule has been long and well settled. ■ The leading text books are uniform on the subject. In our State the leading case is Watson v. Watson, 3 Jones Eq. 400, and the last case is Williams v. Hassell, 74 N. C. 434; and we can add nothing to the reasoning to be found in those authorities and do not consider it necessary to repeat it .in-this case. The demurrer müst be sustained.

No error.

Pee, Cubiam. Judgment affirmed*.