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 bo a naked authority to manage and dispose of the profits, but to do so for the benefit of the devisee.
Blount's Adm'r v. Johnston's Ex'r, 5 N.C. 36, 1 Mur. 36 (1804)
Dec. 1804
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Supreme Court of North Carolina
5 N.C. 36, 1 Mur. 36
Jacob Blount’s Adm’r vs. Charles Johnston’s Ex’r.
Ann Johnston by her last will, amongst other things dev’sed as follows : “ I give and bequeath unto my beloved nephew, Charles Earl Johnston, all my lands, as follows: One tract of land in Chowan county, lying on Indian creek, called and known by the name of Boydsborough, containing six hundred acres; the other tract lying on Chowan river, in the county aforesaid, containing two hundred acres, and known by the name of the Rice Banks. Which said two tracts or parcels of land, I give arid bequeath unto him the said Charles Earl Johnston, and his heirs for ever, See.” And after several bequests of persnual property, she further devised arid 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 management, and disposal of the rents and profits of the several tracts of land, so as aforesaid devised, absolutely and exclusively inasmuch as he may manage and dispose of the rents and profits bf the said tracts of land, so as aforesaid devised, of whatever kind' soever, without the restraint or constraint of *37auv person or persons whatever, until my said nephew, Charles Karl Johnston, shall arrive at the age of twenty-one years.” J
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 expeutor, or the devisee, was entitled to the profits of the lands devised during the minority of the devisee.”