Benbow v. . Moore

Citations

• 19 S.E. 156
• 114 N.C. 263

Syllabus

<p>Equitable Conversion, when it takes effect — Jure Mariti— Glioses in Action — Reduction into Possession by Husband — Resulting Trust — Practice—Judgment Valid When Made after Expiration of Term on Case Agreed Submitted to Judge.</p> <p>1. Money directed by a will or other instrument to be employed in the purchase of land, and land directed to be sold and turned into money, are to be considered as that species of properly into which they are directed to be converted, and the subsequent devolution and disposition thereof will be governed by the rules applicable to that species of property.</p> <p>2. Where a testator provided in his will for the sale of bis lands to a certain person at a price to be ascertained by a prescribed method and for the division of the proceeds among his nieces, there was an equitable conversion of the land at the testator’s death, in 1860, and the share of a niece then married became a chose in action and vested in the husband at the time, jure mariti, although the proceeds were not actually received by him until after the adoption of the Constitution of 1808.</p> <p>3. Where, in such case, the husband invested the proceeds of the chose in action, so reduced into his possession, in land without any special agreement to invest and hold for the benefit of the wife, there was no resulting trust in her favor.</p> <p>4. The legacy, notwithstanding an adverse claim was unsuccessfully made by another to the land so ordered to be sold, was the qualified property of the husband and upon its reduction into possession the title to it related back to the date of the testator's death and not to the time of its actual reduction.</p> <p>5. A will made in another State will be construed according to the common law as expounded by the decisions of this Court, in the absence of proof that a different law or construction prevails in such other State.</p> <p>6. A trial Judge has authority, under the agreement of counsel, to determine a case after the adjournm