Wright v. Westbrook
| Decision Date | 23 November 1897 |
| Citation | 121 N.C. 155,28 S.E. 298 |
| Parties | WRIGHT et al. v. WESTBROOK. |
| Court | North Carolina Supreme Court |
Husband and Wife—Deeds of Settlement— "Construction.
A man granted land to his intended wife for life, with full power of disposing of it after obtaining his permission, and with remainder to such children as they might have. The deed also provided that if the wife should die in the husband's lifetime, leaving issue, the land should revert to the husband and the heirs of his body; and, in default of such issue living at the husband's death, then after the wife's death the land was to vest in the husband's heirs. Held, the parties having intermarried, that the wife might, with the husband's consent, grant an indefeasible title to the property.
Appeal from superior court, New Hanover county; Mclver, Judge.
Controversy, submitted without action, between W. A. Wright and another and G. W. Westbrook. From a judgment against defendant, he appeals. Affirmed.
J. D. Bellamy, for appellant
T. W. Strange, for appellees.
This Is a controversy, without action, submitted under Code, § 567.
The plaintiff W. A. Wright owned the land in fee simple, and executed a deed to his intended wife, who afterwards intermarried with him, and both are still alive, and have contracted to sell said land to the defendant; and the question is, can they make the defendant an indefeasible title? The deed, regular in all respects, conveys the land to the said "Louisa G. Holmes [now the feme plaintiff, and wife of said Wright] for the term of her natural life, with full power of disposing of the same, his permission In writing being first obtained, and remainder to the children of the said Louisa G. Holmes begotten by the said William Augustus Wright, all right, title, interest, or estate, " etc. We need not discuss the rights of parties In the event that the wife had died without exercising the power given her in the deed, either with or without children, or upon the death of the husband leaving his said wife...
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Tillett v. Nixon
...to a stranger, or one which does not affect the estate of the person to whom it is given." And practically the same was said in Wright v. Westbrook, supra, where the language "Where property was given to one during her natural life, 'with full power to dispose of the same,' with the permiss......
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Tillett v. Nixon Et Ux
...is cited with approval Cummings v. Shaw, 108 Mass. 159, Troy v. Troy, 60 N. C. 624, White v. White, 21 Vt. 250, and Wright v. Westbrook, 121 N. C. 156, 28 S. E. 298. The court said in the Cummings Case: "This clause gives to the plaintiff either an estate in fee, on the ground that power to......
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...are some of the cases in point: Gause v. Hale, 37 N.C. 241; Hooks v. Lee, 43 N.C. 157; Brooks v. Austin, 95 N.C. 474; Wright v. Westbrook, 121 N.C. 155, 28 S.E. 298; Harris v. Russell, 124 N.C. 547, 32 S.E. Perkins v. Brinkley, 133 N.C. 86, 45 S.E. 465. Like other contracts, if an antenupti......
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