Gay v. . Baker
Supreme Court of North Carolina
Cause removed from the Court of Equity, of Franklin county. The bill was filed against the trustee, Henry Baker, junior, for an account, and for a sale of the property in his hands, and a division of the proceeds among those entitled, according to a deed executed by Henry Baker, senior, on 16th May, 1819. The deed recites, as a consideration, the love and affection which the donor has for Elizabeth Gay and her children, and for James Baker, and conveys to Henry Baker,…
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Cause removed from the Court of Equity, of Franklin county. The bill was filed against the trustee, Henry Baker, junior, for an account, and for a sale of the property in his hands, and a division of the proceeds among those entitled, according to a deed executed by Henry Baker, senior, on 16th May, 1819. The deed recites, as a consideration, the love and affection which the donor has for Elizabeth Gay and her children, and for James Baker, and conveys to Henry Baker, junior, a negro woman by the name of Delaney, and her two children, Mary and Amy, “ to have and to hold the said negroes, to…
1Opinion of the CourtMaNlt, J.
The object of the bill is to obtain an account of a trust fund created by the deed of Henry Baker, under date 16th of May, 1819, and to obtain a sale and distribution of the same to the persons entitled under said deed. In the accomplishment of these objects, a construction of the deed is necessarily involved, and we are accordingly invoked by the pleadings, to aid the trustee in putting a proper construction upon it The trustee submits to an account, but informs the Court that Elizabeth Gay had several children J)om at the execution of the deed, one born within the ordinary period of…
2Cited by10 opinions
- Cullens v. . CullensSupreme Court of North Carolina · 1913
- Martin v. MartinWest Virginia Supreme Court · 1903
- Byrd v. . PattersonSupreme Court of North Carolina · 1948
- Ziegler v. . LoveSupreme Court of North Carolina · 1923
- Silliman v. . WhitakerSupreme Court of North Carolina · 1896
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