Opinion

Brown v. . Beard

  • 6 N.C. 125
Court
Supreme Court of North Carolina
Filed
Jan 5, 1812
Status
Published
Author
TaxloR
On the bench
TaxloR
Cited by
0 cases

The opinion

TaxloR, Chief-Justice,

delivered the opinion of the Cburt:

The widow could convey only a life estate in the land she sold to Brown, because she and the other executor had previously executed. The power devolved on them by the will, of selling one tract. It is true they did not sell the house and land which the testator desired to

be

sold in the first instance

;

but the direction to that effect is not peremptory, and if they found that inconvenient lo be done, they were at liberty to sell tbe land bought of Getzcha. But one tract being sold, and it is immaterial which, tiie other ought to have been reserved for the uses of the will. The widow had but a life estate in it, and on her death it should haVe been sold to the best advantage for tbe use of the children. Judgment for the Defendant.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.