[Download] "Brandis v. Trustees of Davidson College" by Supreme Court of North Carolina No. 378 * Book PDF Kindle ePub Free
eBook details
- Title: Brandis v. Trustees of Davidson College
- Author : Supreme Court of North Carolina No. 378
- Release Date : January 09, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
We think the parties have misconceived their rights and remedies. What the plaintiffs really want is advice and direction of a court of equity in the administration of a testamentary trust. Yet, under a will which specifically withholds from the plaintiffs the right to sell the trust property, authority is sought in a proceeding under the Declaratory Judgment Act, G.S., 1-253-267, ""to sell, mortgage, and/or lease"" said property subject to the orders of the court; and this in the face of a provision in the will that if the plaintiffs ""fail or neglect to execute the trust and conditions herein required of them"" the trust property ""shall pass over and become vested in the Trustees of Davidson College,"" in trust and on condition stated.