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ANONYMOUS
Superior Court of North Carolina
Jan 1, 1801
THE 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 testator, and they are not emancipated.
TAYLOR, J.
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 complainant is entitled.
(135)
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