Page v. . Covington

Clarkson, J. It will be noted that the trust in the habendum clause of the deed is as follows: “That the said premises shall be held, leapt, maintained and disposed of as a place of the residence for the use and occupancy of the preachers/’ etc. ¥e must gather the intention of the good people who made the praiseworthy gift from the entire instrument. We think a fair and just interpretation is that the land should be “held, kept and maintained as a place of the residence,” etc., and when “disposed of” the fund should be reinvested and used according to the clear terms of the deed, “as a place of the residence for the use and occupancy of the preachers of the Methodist Episcopal Church, South,” etc. The intention of the grantors is shown by the words used — “disposed of.” We cannot nullify these plain words, they are used in the deed. What is the meaning of disposed off Webster defines disposed of as follows: “To exercise finally one’s power of control over; to pass over into the control of some one else, as by selling; to alienate; to part with; to relinquish; to get rid of; as, to dispose of a house; to dispose of one’s time.” 9 Am. & Eng. Enc., p. 540,- says: “To dispose of means to determine the fate of; to exercise the power of control over; to fix the condition, application, employment, etc.; to direct or assign for a use. To dispose of means to alienate; to effectually transfer.” “To dispose of means to part with, to relinquish, to get rid of, to alienate, to effectually transfer.” Connely v. Putnam, 51 Tex. Civ. App., 233. “The definitions, that to ‘dispose of’ property is to alienate it, assign it to a use, bestow it, direct its ownership, and that it is to part with, to sell, to alienate, embrace both the popular and legal significance of the word, when used in an attachment law in connection with property.” Pearre v. Hawkins, 62 Tex., 434, 437. "Dispose, in the sense in which it is used in the Constitution of the State of New York, means to part with to another’; ‘to put into another power and control,’ or ‘to give away or transfer by authority.’ ” Newcomb v. Newcomb, 12 N. Y., 603, 620; Words and Phrases, vol. 2 (2 ed. series), p. 80. It will be noted that only a part of the lot in this controversy is sought to be sold. We think .the definition of “disposed of” herein declared applies not only to the part in controversy' but to the entire property. The proceeds must be held and invested in accordance with the terms of the trust set forth in the deed. We think the judgment in regard to this carries out in good faith the reasonable and righteous purposes *625 of the trust. “And the proceeds derived from said sale will be used by the trustees of said Rockingham district in improving or remodeling the building used as a parsonage on a part of said lot or in the purchase of another lot on which will be erected another building for the same purpose.” The words in the “witnesseth” clause of the deed, “to be used as a home for such ministers of the church,” etc., do not restrict or limit the words disposed of in the habendum clause of the deed. "We think from the whole deed the intention clear and the right to dispose of the property given the trustees. From the words used, “disposed of,” in the deed we think it unnecessary to discuss the cases dealing with trusts of this kind, and the power of disposition and cases cited and discussed by both sides on the argument of this case and in the briefs. We refer to them: St. James v. Bagley, 138 N. C., 384; Hayes v. Franklin, 141 N. C., 599; Church v. Bragaw, 144 N. C., 126; Church v. Ange, 161 N. C., 314; College v. Riddle, 165 N. C., 211. We can see no error in the judgment of the court below. Affirmed.