BROOKS v. DUCKWORTH

No. 113.

67 S.E.2d 752 (1951)

234 N.C. 549

BROOKS et al. v. DUCKWORTH et al.

Supreme Court of North Carolina.

November 28, 1951.


Attorney(s) appearing for the Case

Sale, Pennell & Pennell, Asheville, for defendants-appellants.

J. Marvin Glance, Asheville, for plaintiffs-appellees.


DEVIN, Chief Justice.

By the express language of paragraph 28 of the will of Oliver D. Revell creating a charitable trust under the name of "Haywood Street Baptist Mission" and devising real property in Asheville to be used in connection there with, the trustees were prohibited from mortgaging or disposing of the property. This provision clearly limited the right of the trustees in relation thereto, but would not prevent a court of equity from using its power, in...

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