Edwards v. . Love
Supreme Court of North Carolina
Civil ACTION, tried before Graves, Judge, upon exceptions to the report of a referee, at July Special Term, 1885, of the Superior Court of Haywood county. James R. Love, residing in the county of Haywood, died in the year 1863, owning numerous and large tracts of land, situate in said county, and in the counties of Jackson and Swain, known by the expressive term, speculation lands, as designating the purpose for which they had been acquired and held.
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Civil ACTION, tried before Graves, Judge, upon exceptions to the report of a referee, at July Special Term, 1885, of the Superior Court of Haywood county. James R. Love, residing in the county of Haywood, died in the year 1863, owning numerous and large tracts of land, situate in said county, and in the counties of Jackson and Swain, known by the expressive term, speculation lands, as designating the purpose for which they had been acquired and held. Previous to his death, he executed a will, with several codicils, which has been duly proved, and therein he nominates as executors, Robert G.…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The covenant entered into by the defendants, as imposing a legal obligation, is personal to them, for they cannot by their own act, make it that of their testator. But the contract is made by them as trustees, in the discharge of a fiduciary duty created under the will, and assumed in their acceptance of office. The action would lie against them as individuals, and a recovery be had, while at the same time, the plaintiff has a right to have so much of the trust estate as is in their hands and applicable to the plaintiff’s claim, used in its discharge. The proceeding…
2Cases cited2 opinions
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- Mebane v. . LaytonSupreme Court of North Carolina · 1882
3Cited by3 opinions
- Lindsay v. . DardenSupreme Court of North Carolina · 1899
- Little v. . BennettSupreme Court of North Carolina · 1859
- Froelich v. Froelich Trading Co.Supreme Court of North Carolina · 1897