WACHOVIA BANK & T. CO. v. JOHN THOMASSON CONST. CO.

No. 11.

168 S.E.2d 358 (1969)

275 N.C. 399

WACHOVIA BANK AND TRUST COMPANY, Trustee, and the Alexander Children's Center, a Charitable Corporation v. JOHN THOMASSON CONSTRUCTION CO., Inc., a Corporation.

Supreme Court of North Carolina.

July 11, 1969.


Attorney(s) appearing for the Case

James O. Cobb, Charlotte, for defendant appellant.

Helms, Mulliss & Johnston, by E. Osborne Ayscue, Jr., Charlotte, for plaintiff appellees.


R. HUNT PARKER, Chief Justice.

This appeal presents two questions for decision: (1) Is the restriction on alienation in the deed creating the charitable trust valid? (2) May the court, in the exercise of its equitable jurisdiction, authorize a sale of the real property in said trust under the facts and circumstances shown by the record? We will consider these questions in their numerical order.

It is well settled in this jurisdiction that the rule against...

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