Supreme Court of North Carolina, 1864

Cline v. Latimore

Cline v. Latimore
Supreme Court of North Carolina · Decided June 15, 1864 · Manly
60 N.C. 207

Counsel

No counsel for plaintiff’ in this court., Phillips for the defendant. '

Cline v. Latimore

Opinion of the Court

MaNly, J.

¥e concur with the court below in awarding a judgment of nonsuit.

The reversion in the parcel of land devised to the wife for life was a part of the testators’ estate undisposed of specifically, and which fell therefore into the residue.

*209This the executor is required to sell and divide among the heirs, so as-to equalize shares. It must'be converted into-cash, and applied as the will directs; in other words, the will must be fully executed, before the sum secured by the covenant, can be ascertained or considered due. The action was therefore prematui e.

The judgment of nonsuit is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.