Williams, Ex Parte

74 N.C. 68

• Court: Supreme Court of North Carolina
• Decided: January 5, 1876
• Status: Published

Opinion

ByNUM, J.

The right to the relief asked for depends upon the construction of the will. Mary Hawks devised the 'one-half of a house and lot in the town óf Washington, to Hannah E. Latham, and the other half' to Mary E. Williams, to be held to her sole and separate use for life, and at' her death to her children; or, “ the proceeds of said lot, if the same should ever be sold, to be held for the benefit of her children, the said Mary E. Williams receiving the annual interest of said proceeds.” The laud has been sold, and Mrs. Williams, the plaintiff, is entitled to the annual iiiterest of the fund. To grant her prayer to order the payment to her, at once, of the value of her entire life interest, would obviously be to defeat the trust and express provisions of the will. No sufficient cause is set forth to authorize the interference of the court. The only causes alleged are, that the money is bearing only six per eent. interest, and that she desir.es to expend it in improving a farm. Such reasons are insufficient.

There is no error.

Pbb Cubiam. Judgment áffirmed.