Moore v. . Quince
Supreme Court of North Carolina
This was a civil action, tried at April Term, 1891, of New Hanover Superior Court, before Mclver, J. The plaintiff introduced evidence tending to show the execution and loss of the deed of marriage settlement set up in the pleadings.
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This was a civil action, tried at April Term, 1891, of New Hanover Superior Court, before Mclver, J. The plaintiff introduced evidence tending to show the execution and loss of the deed of marriage settlement set up in the pleadings. It was admitted that the contemplated marriage took place between the said Sally J. Freeman and James Moore; that she thereafter died intestate and without issue, leaving her said husband, James Moore, surviving; that after the death of his said wife the said James Moore died intestate, and that the plaintiff is his only heir at law. Plaintiff then contended…
1Opinion of the Court
A very, J.:
It is settled law, not only that equity will not allow a trust to fail for want of a trustee, but that when a trustee is named in a deed and the nature of his fiduciary duties and the times at which they are to be performed, according to its terms, indicate clearly that the grantor contemplated either the certainty or possibility that the legal and equitable estates must be separated and the trust administered beyond the life-time of the tiustee named, a court of equity will supply the words “ and his heirs,” after the name of the trustee upon the ground that it was omitted by…
2Cases cited4 opinions
- Vickers v. . LeighSupreme Court of North Carolina · 1889
- Bowman v. LongIllinois Supreme Court · 1878
- Ryan v. . McGeheeSupreme Court of North Carolina · 1880
- Morehouse v. PhelpsIllinois Supreme Court · 1857
3Cited by10 opinions
- Nobles v. . NoblesSupreme Court of North Carolina · 1919
- North Carolina State Art Society, Inc. v. BridgesSupreme Court of North Carolina · 1952
- Allen v. . BaskervilleSupreme Court of North Carolina · 1898
- Board of Education v. . RemickSupreme Court of North Carolina · 1912
- Rackley v. ChestnuttSupreme Court of North Carolina · 1892
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