Munroe v. Hall

• Decision Date: 28 March 1887
• Citation: 1 S.E. 651,97 N.C. 206
• Parties: MUNROE and others v. HALL and others.
• Court: North Carolina Supreme Court

1 S.E. 651

97 N.C. 206

MUNROE and others v. HALL and others.

Supreme Court of North Carolina

March 28, 1887

Appeal from superior court, Cumberland county.

A grantor, by deed containing words appropriate to convey a fee, conveyed land to his daughters "as long as either of them is single; but, if they should get married," then the whole of the land was to be another's. Held that the daughters took a fee-simple estate under the deed the limitation as to their not marrying being an absolute restraint on alienation, and therefore void.

A provision in a deed which absolutely prohibits the grantee from "selling or disposing of" the land conveyed is void.

N. W Ray, for plaintiffs.

W. A Guthrie, for defendants.

MERRIMON J.

It appears that Neill Munroe was the owner in fee of the land mentioned and described in a deed executed by him at the time therein mentioned, whereof the following is a copy:

"To all people to whom these presents shall come, I, Neill Munroe, do send greeting: Know ye that I, the said Neill Munroe, of the county of Cumberland and state of North Carolina, for and in consideration of the love and good will and affection which I have and do bear towards my living children, Thomas Munroe, Patrick Munroe, Annabella Munroe, and Mary Munroe, of the county and state aforesaid, have given and granted, and by these presents do freely give and grant, unto the said Thomas, Patrick, Annabella, and Mary, their heirs, executors, or administrators, all my lands and negroes in the county aforesaid, and in Moore county. Unto Thomas I give fifty acres of land, lying and being in the county of Moore, on the waters of Cameron's Big Branch; unto Patrick I give all that part of the plantation whereon I now live, lying on the south side of the road, and negro boy named Whitington; and unto Annabella and Mary I give all that part of said plantation lying on the north side of the road, as long as either of them is single, but if they should get married, then the whole of the plantation be Patrick's, and, if he should die without lawful issue, then the land to belong to Thomas. I likewise give unto Annabella a negro boy named Isaac, and unto Mary I give a negro girl named Henny, provided that, if the said Henny will live to have children, the said Mary will give the first child unto Effy Jane, Thomas Munroe's daughter; provided, always, that neither Patrick, Annabella, nor Mary shall sell or dispose of any part of the above-named land and negroes in any manner whatsoever: to have and to hold all the said land and negroes to them, the said Thomas, Patrick, Annabella, and Mary, their heirs, executors, or administrators, without any manner of condition.

"In witness whereof I have hereunto set my hand and seal this thirty-first day of August, 1829.

"NEILL MUNROE. [Seal.]

"Signed, sealed, and delivered in the presence of

"PATRICK MUNROE."

This deed was duly proven and registered.

Afterwards about the year 1855, Patrick Munroe, named therein, died, and, never having been married, left no lineal heirs. Annabella Munroe, named therein, died about the year 1863, never having been married, and never...