The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1855-01-10

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g of the Statute was 10 abolish tbs invi
5 dious distinction. Nav, it is clear
. that husbands were entitled to curtesy
not only IA equities Of redemption, ID
, in all other equitable or trust estates
! under which Is held 10 be included all
, trusts created by the act of the part G,
, where the wife had an estate, As dis.
tlnguislcd from mere right 10 have
the owner of the legal estate converted
INTO "a trustee. SwEETApPLE '. BlsDAa,
2 Vernon, $50; Id. ESQ Bell on pro.
perty oi husband and wife title e1ui.
table seizin, g. Law. LIB. IIg; and
the cases there eitcd. BY whichit will
be seen, that the husband lsentitled 10
curtesr IN a SUN of money directed 10
be invested in land for the use Of the
wife IN tail, she dying before the in
vcstment: or, where the wife is emit
tied TO land IL fec under articles Of
purchase, and dies before the price is
paid, or q conveyance is executed or,
where land is conveyed in tru,t or lie
payment oi debts, and then in trust for
a woman IN fee; she marrics and dies
before the debts are paid. WARTS '.
BALL, p. W., lO8.
II was insisted upon the argument,
that the act Of 1928, and the act uf 1879,
which make trust estates subject to sale
under execution, ought to receive the
same construction; and as the estate
Oi the Nenhee cannot be sold under the
act OF 1872, 50 the widow cannot be
entitled to dover IN SUCH estate. The
conclusion does not lolIaw. The rea.
son why the estate Of the yendce can.
not be sold under the act of 1912, is,
because, under that act, the purchaser
becomes entitled 10 the legal as well
as the equitable estate; consequently,
It can only apply to "purc" or "un-
mixed trust, as Il is termcd, (athough
the better expression il, to case where
the trust is held only for one pcrsnn.)
For, II the trust be held for another
besides the debtor, the statute cannot
operate, lna,mucl as the trustee should
hold the legal title fnr such nther cts-
tai qm trust: ior instance, in the case
Of the ,endec, his estate caiaut bc sold,
because the vendor holds a. vel To-
cure the purchase money as in trust
for the yendee aud the statute could
not have intended the manifest inius-
t;ce Of depriying him Of his security.
by transferring the legal title t. tie
purchaser under an execution against
tie vendee.
This reason for excluding such cqn-
table aud trust estates from the opera.
tl0n Of the act Of 1872, has no applica-
tlon whatever TO the act ol 1925: Tor,
by the latter, the widow takes express.
" subject to the rights Of the yendur.
Again, Il was insisted, if the widow
be endowed Of one third of the land.
although il is subject To the rights of
the vendor. still his security will be
impaired; for il will be subd.yided and
split up into several parts. This does
not loliow. As long as the vendor 10
content with his security, and permits
the widow to continue IN possession sf
the olle-thirl allotted Ia her, she eau
only be required to keep down the in
terest upon one. third Of such part Of
tle purchase mnnev as remains unpaid.
W lien the yendm desires to have M,
money, il it cannot be made out nf The
Personal estate Of the yendrc, (which
IS the fund primarily lmble.) he can
tile a bill for the specific performance
ni the contract, aud the money must
then be paid or raised br i sale II thc
land. Whether the other two.thirls
OF the land, aud the rr.ersion Of the
third, covered hy the dover, will hut
be bound To exDncratc the widow, by
being applied to the discharge of the
debt nl her husband, is question that
We will not now decide, a. il was nat
discussed brfnre US. AnalOgies may
he found in the case Of husbands who
have taken curtesy in their wives equi.
ties II redemption aud other equitable
and trust estates and alsn. in the ea.c
Ui widows, Who have taken dover in
the reyersiun of their husbands, sub.
jeSt to a term for years, conveyed b.
way uI mortgage.
The petitioner is entitled to have
dover allotted to her in one third ii
the house and lot Judgment below
reversed. THIS opinion " Ill be cert.
fed.
PER CrHI,a. Judgment reversed.
Taporfmt Editors mi Newspaper