118 N.C. 575
Supreme Court of North Carolina
Decided February 15, 1896
Supreme Court of North Carolina · decided 1896-02-15
Civil ACTION, brought by plaintiffs for the partition of land, heard before Greene, The property sought to be partitioned was devised to the parties by the will of Susan O. R. Blake, as follows : “ I give, devise and bequeath all my real property and estate of whatsoever description, consisting of town lots, houses, &c., in the town of Lumberton, N. 0., and the land in Britt’s township, in said county, known as the Britts land, to my husband, W. B. Blake, in trust for all my…
Decided 1896-02-15
¶1Under the devise in the will, which is-appended to the complaint, the property was left in trust to be “ divided when the youngest child should arrive at age.” That contingency not yet having happened, a division can not be ordered. Green v. Green, 86 N. C., 546. The complaint fails to state a cause of action.
¶2Dismissed.. .