There is nothing upon the face of this will, which warrants us to believe that it was the intent of the testator to give the profits to the executor, for his private benefit. It seems to be a naked authority do manage and dispose *553of the profits, but to do so for the benefit of the devisee.
Blount's Adm'r v. Johnston's Ex'r, 1 N.C. 551, 1 Cam. & Nor. 551 (1804)
Dec. 1804
·
North Carolina Court of Conference
1 N.C. 551, 1 Cam. & Nor. 551
Jacob Blount’s Adm’r. vs. Charles Johnston’s Ex’r.
Ann Johnston by her last will, amongst other things, devised as follows: “I give and be-“queath unto my beloved nephew, Charles Earl “Johnston, all my land, as follows: One tract “of land in Chowan county, lying on Indian “creek, called and known by the name of Boyds-“borough, containing six hundred acres; the “other tract lying on Chowan river, in the “county aforesaid, containing two hundred a-“cres, and known by the name of the Rice “Banks. Which said two tracts of parcels of “land, I give and bequeath unto him the said “Charles Earl Johnston, and his heirs for ever,*552 “&c.” And after several bequests of personal property, the further devised and directed as follows, viz. “I hereby make and ordain my “worthy and trusty friend Jacob Blount, the “whole and sole executor of this my last will “and testament; and I do also hereby authorise “and empower my before named executor to “take upon himself the sole and whole manage-“ment, and disposat of the rents and profits of “the several tracts of land, so as aforefaid de-“ vised, absolutely and exclusively, inasmuch as “he may manage and dispose of the rents and “profits of the said tracts of land, so as afore-“said devised, of whatever kind soever, without “the restraint or constraint of any person or per-“sons whatever, until my said nephew, Charles “Earl Johnston, shall arrive at the age of twen-“ty-one years.”
It was admitted, that the said Charles E. Johnston, at the time of making the above will, lived with his father, Charles Johnston, Esq. who possessed a large, independent fortune, and maintained and educated his son, the devisee, in a genteel and liberal manner.
The question was, “Whether Jacob Blount the executor, or the devisee, was entitled to the profits of the lands devised during the minority of the devisee.”