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TEMPLE v. CARTER

No. 681SC360.

165 S.E.2d 541 (1969)

3 N.C. App. 515

W. Joe TEMPLE and Carlton L. Temple v. Clarine T. CARTER.

Court of Appeals of North Carolina.

February 5, 1969.

Attorney(s) appearing for the Case

Forrest V. Dunstan, Russell E. Twiford, O. C. Abbott, John S. Kisiday, Elizabeth City, for plaintiffs appellants.

Leroy, Wells, Shaw & Hornthal by Dewey W. Wells, Elizabeth City, for defendant appellee.

CAMPBELL, Judge.

We are confronted at the outset with the respective rights of a life tenant and the remaindermen to standing timber growing on land.

"* * * (T)he general rule is that standing timber growing on land is considered a part of the inheritance, and that a tenant is never allowed to cut and sell timber merely for his own profit, but there is clear intimation that the tenant for life is not liable for waste in the cutting and sale of timber if done...

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