Munroe v. Trenholm

• Decision Date: 18 April 1893
• Parties: MUNROE et al. v. TRENHOLM.
• Court: North Carolina Supreme Court

17 S.E. 439

112 N.C. 634

MUNROE et al. v. TRENHOLM.

Supreme Court of North Carolina

April 18, 1893

Appeal from superior court, Henderson county; R. F. Armfield, Judge.

Action by William Munroe, trustee, and Helen E. Grimball and others against Savage D. Trenholm, to compel defendant to execute to Munroe a deed of conveyance, and deliver to him possession of certain real property. From a decree for plaintiffs defendant appeals. Reversed.

A deed of land in trust for the sole use and benefit of the grantor's wife and her heirs forever, and authorizing the trustee to dispose of the land whenever required by the wife and to invest the proceeds as she may direct, confers no power of alienation on the wife.

It was agreed that the case should be submitted to the court upon the admissions in the pleadings and the exhibits. On the 1st of October, 1867, E. L. Trenholm executed the following deed of settlement: "Exhibit A. State of North Carolina Henderson county. Whereas, it is my desire to secure to Eliza Bonsal, my wife, and to her children, a portion of my real property: Now, therefore, in consideration of the sum of one dollar to me in hand paid, and for the purposes above mentioned, I have this day bargained and sold, and by these presents do bargain and sell, unto my son Savage Deas Trenholm, to him and to his heirs forever. all my right and title and interest in a certain tract of land lying and being in the state and county aforesaid, known as the 'Mountain Lodge Place.' *** To have and to hold, all and singular, the said three hundred and fifty-nine acres of land, more or less, and, all and singular, the premises and appurtenances, to the said Savage Deas Trenholm, his heirs and assigns, forever, in trust, nevertheless, for the following uses and purposes, and no other: In trust for the sole use and benefit of the said Eliza Bonsal Trenholm and her heirs forever. And I do hereby authorize and empower the said Savage Deas Trenholm, the trustee aforesaid, at any time, to dispose of, all and singular, the lands aforementioned, when so required by the said Eliza Bonsal Trenholm, and to invest the proceeds as she may direct. In witness whereof, I have hereunto set my hand and seal this the 1st day of October, in the year of our Lord eighteen hundred and sixty-seven. E. L. Trenholm. [L. S.]" On the 14th of November, 1889, the said Eliza B. Trenholm, mentioned as beneficiary under the first deed, being then and now a widow, executed the following deed: "Exhibit B. State of South Carolina. Know all men by these presents, that I, Eliza B. Trenholm, in Charleston, in the state aforesaid, for and in consideration of love and affection I bear to my daughter, Helen E. Grimball, and her daughters, and of one dollar to me paid by William Munroe, of Union, in the state aforesaid, have granted, bargained, and sold and released, and by these presents do grant, bargain, and sell and release, unto the said William Munroe, all that certain tract of land containing three hundred and eighty acres, more or less, situated and lying at Flat Rock, in the county of Henderson, in the state of North Carolina, and bounded by lands of Rudolph Seigling, McCullough, Joseph Walker, James Rutledge, and others, excepting ten acres of the hillside adjoining James Rutledge, and also about twenty-two acres of the northerly end of said tract lying outside of the fencing, which said ten acres and twenty-two acres are specifically reserved, and not hereby conveyed; said lands being all my real estate in said county of Henderson. And I do also give, grant, bargain, and sell and deliver, unto the said William Munroe, all the household and kitchen furniture and all the personal property in and upon said premises, together with, all and singular, the rights, members, hereditaments, and appurtenances to said premises and property belonging, or in anywise incident or appertaining: To have and to hold, all and singular, the premises before mentioned, except said ten acres and said twenty-two acres, more or less, with and to the use of said William Munroe, his heirs and assigns, forever, and said personal property unto and to the use of said William Munroe, his executors and administrator or assigns forever, in trust, nevertheless, to hold the same for the use and benefit of said Helen E. Grimball and her daughters, born and to be born for and during the life of said Helen E. Grimball, and until the youngest of said daughters shall attain the age of twenty-one years, and at and after the happening of both events,--that is to say, upon the death of said Helen E. Grimball, and the arrival of full age of her youngest daughter,--then being upon the future trust to convey said land to said daughter of daughters of Helen E.

Grimball as shall then be living, in fee simple; and, if there be no such daughters then living, then to such person or persons as the said Helen E. Grimball, by her last will and testament duly executed, shall appoint, and in default of such appointment to the heirs at law of said Helen E. Grimball. And I do hereby bind myself and my heirs, and my executors and administrators, to warrant and forever defend, all and singular, the said premises and property unto the said William Munroe, his heirs and assigns, in trust as aforesaid, against me and my heirs lawfully claiming or to claim the same, or any part thereof; and I hereby give and grant unto said William Munroe full power and authority to convey said premises...