Anonymous, 3 N.C. 134, 2 Hayw. 134 (1801)

Jan. 1801 · North Carolina Superior Court

3 N.C. 134, 2 Hayw. 134

Anonymous.

‘HPHE bill states, that the testator devised that his executors; should procure, if possible, the emancipation of his slaves and if. it be impossible that then the plaintiff should have them. Several assemblies have been held since the death of the-testa-tor, and théy are not emancipated.

After argument

Taylor, judge,

delivered his opinion in favor of the complainant. He said ■ the executors had only a reasonable time, not their whole life to perform the trust: they should have applied as soon as they reasonably could. Having not done so in several years, it is to be taken that the trust is impossible to be performed ; and then the complain ant is end-«.led,