Egerton v. . Carr
Supreme Court of North Carolina
Civil ACTION, tried before Phillips, Judge, at Fall Term, 1885, of the Superior Court of WarreN county. Ou the 13th day of March, 1880, Maria A. Kearney, the intestate of the plaintiff, being the owner of sundry notes for the payment of money, which had been before placed in the hands of the defendant, as her agent, executed the following instrument in writing, in reference thereto: “The following notes I leave in trust with my son-in-law, Elias Carr, to be equally divided…
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Civil ACTION, tried before Phillips, Judge, at Fall Term, 1885, of the Superior Court of WarreN county. Ou the 13th day of March, 1880, Maria A. Kearney, the intestate of the plaintiff, being the owner of sundry notes for the payment of money, which had been before placed in the hands of the defendant, as her agent, executed the following instrument in writing, in reference thereto: “The following notes I leave in trust with my son-in-law, Elias Carr, to be equally divided between my daughters Martha H. Harris, Valeria Virginia Williams and Polly Dawson Alston, after my death, to-wit: 1st.…
1Opinion of the CourtSmith, C. J.
(after stating the facts). To be effectual, the sealed instrument can operate only in one of three ways, either:
I. As a testamentary disposition of the fund; or,
II. As a gift inter vivos of it to a trustee, for distribution among the intended beneficiaries, at the donor’s death, the interest meanwhile accumulating; or,
III. As a donatio causa mortis, revocable during the donor’s life, which partakes of the nature of both.
I. It cannot be upheld as a testamentary disposal of the notes, for the single sufficient reason, that it has not the required number of attesting witnesses; as a will whether…
2Cases cited3 opinions
- Abrams v. . CuretonSupreme Court of North Carolina · 1876
- Willey v. GatlingSupreme Court of North Carolina · 1874
- In Re the Last Will & Testament of BelcherSupreme Court of North Carolina · 1872
3Cited by10 opinions
- Ivey v. Cotton Mills.Supreme Court of North Carolina · 1906
- R. G. Chapman & Co. v. McLawhornSupreme Court of North Carolina · 1909
- Bank v. . SternbergerSupreme Court of North Carolina · 1935
- In Re Last Will & Testament of SoutherlandSupreme Court of North Carolina · 1924
- Security National Bank v. SternbergerSupreme Court of North Carolina · 1935
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