Hoskins v. May

• Decision Date: 15 June 1938
• Docket Number: 747.
• Citation: 197 S.E. 689,213 N.C. 795
• Parties: HOSKINS et al. v. MAY.
• Court: North Carolina Supreme Court

197 S.E. 689

213 N.C. 795

HOSKINS et al.
v.
MAY.

No. 747.

Supreme Court of North Carolina

June 15, 1938

Appeal from Superior Court, Alamance County; Walter J. Bone, Judge.

Action by J. R. Hoskins and others against Ben V. May for specific performance of a contract to purchase land. Judgment for plaintiffs, and defendant appeals.

Affirmed.

A testamentary gift of land to take and do with as beneficiaries wished included the right of disposition.

Long, Long & Barrett, of Graham, for appellant.

A. C. Davis, of Greensboro, for appellees.

SCHENCK, Justice.

This is an action for specific performance of a contract to purchase lands heard upon an agreed statement of facts. The defendant contracted to purchase certain lands in Alamance County from the plaintiffs. The plaintiffs have tendered deed sufficient in form to convey a fee simple title to said lands to the defendant and demanded of him the agreed purchase price. The defendant has declined to accept the deed and pay the purchase price, alleging that the plaintiffs did not own the lands in fee simple and therefore could not convey a fee simple title thereto.

It is agreed "That the plaintiffs, A. C. Davis and wife, Mattie B. Davis, have acquired the interest in the said lands by conveyance from J. R. and Benjamin Hoskins and quitclaim deeds have been executed between the plaintiffs and the said Benjamin Hoskins, whereby the said lands are divided, and the interest of Benjamin Hoskins in the lands sold the defendant has been acquired by the plaintiffs."

Joseph R. Hoskins and Benjamin Hoskins derived such interest as they have or had in the lands contracted to be sold and purchased by virtue of the will of their late mother, Mary L. Hoskins. It is further agreed "That the sole question arising upon the pleadings in this cause and upon the agreed statement of facts is whether the plaintiff, J. R. Hoskins, and his brother, Benjamin Hoskins, were given a fee simple title in and to the lands in question under Item One of the will of Mary L. Hoskins and the codicil thereto, or only a life estate therein."

The portions of the will of Mary L. Hoskins and codicil thereto germane to this case are as follows:

"I Mary L. Hoskins of Summerfield Guilford County state of North Carolina being of sound mind and memory do declare this to be my last will and testament

I. I give and devise to my sons Joseph R and Benjamin Hoskins my farm known as the Boon place in...