Twitty v. Camp
Decision Date | 30 June 1866 |
Citation | 62 N.C. 61 |
Court | North Carolina Supreme Court |
Parties | WILLIAM L. TWITTY, Ex'r., v. J. C. CAMP and others. |
A clause, annexed to a devise in fee, providing that in case either of the devisees “shall sell, or encumber his land with any sort of lien, by way of mortgage or otherwise,” before attaining the age of thirty-five years, then the devise should be void, is invalid.
THIS was a bill filed at Fall Term, 1864, of the Court of Equity for Rutherford county, in order to obtain a construction of the will of Robert G. Twitty, deceased.
One of the questions made in the bill referred to certain slaves that had been bequeathed by the testator. The clause of non-alienation, referred to in the opinion of the court, was as follows:
No further statement of the contents of the bill or answer is necessary.
Bynum, for the complainant .
No counsel for the defendant in this court .
In the events which have happened since the death of the testator, it has become unnecessary for us to decide the question raised in respect to the slaves given to his daughter, Mary Jane.
The only enquiry pressed upon us relates to the clause of non-alienation annexed to the devises of land to each of the testator's children. These devises are in fee simple, and the condition, by which the testator has attempted to restrain the alienation of the land before the devisees respectively attain the age of thirty-five years, is contrary to the nature of the estate, and is therefore void: See Pardue v. Givens, 1 Jones Eq. 306, where a condition restrictive of the power of free...
To continue reading
Request your trial-
Crockett v. First Federal Sav. and Loan Ass'n of Charlotte
...of the estate upon alienation is void as a restraint on alienation. Latimer v. Waddell, 119 N.C. 370, 26 S.E. 122 (1896); Twitty v. Camp, 62 N.C. 61 (1866); Pardue and wife v. Givens and others, 54 N.C. 306 (1854). Furthermore, we have treated restraining provisions in the form of covenants......
-
Manierre v. Welling
...of alienation. Roosevelt v. Thurnmn, 1 Johns. Ch. 220; Mandlebaum v. McDonell, 29 Mich. 78 ; Anderson v. Cary, 36 Ohio St. 506 ; Twitty v. Camp, 62 N. C. 61; In re Rosher, 26 Ch. Div. 801." And the court pointedly distinguishes such limitations imposed upon an estate in fee from the provisi......
-
Wool v. Fleetwood
...of a fee is void, because it is inconsistent with the full and free enjoyment which the ownership of such an estate implies. Twitty v. Camp, 62 N. C. 61. "The doctrine, " says Ruffln, C. J., speaking for the court, "rests upon these considerations: That a gift of the legal property in a thi......
-
Wool v. Fleetwood
...devise of a fee is void, because it is inconsistent with the full and free enjoyment which the ownership of such an estate implies. Twitty v. Camp, 62 N.C. 61. doctrine," says Ruffin, C.J., speaking for the court, "rests upon these considerations: That a gift of the legal property in a thin......