Freeman v. . Cook
Supreme Court of North Carolina
Cause removed from the Court of Equity of Franklin County, at June Term 1849. Harriet Green, a minor, now the plaintiff, Mrs, Freeman, being about to marry William D. Freeman, a marriage settlement was executed by the parties, whereby the property of Harriet Green was conveyed to the defendants, upon the trusts therein expressed. The property conveyed consisted of lands, negroes, money and securities for money.
Read the full summary
Cause removed from the Court of Equity of Franklin County, at June Term 1849. Harriet Green, a minor, now the plaintiff, Mrs, Freeman, being about to marry William D. Freeman, a marriage settlement was executed by the parties, whereby the property of Harriet Green was conveyed to the defendants, upon the trusts therein expressed. The property conveyed consisted of lands, negroes, money and securities for money. By the settlement, it is provided that William D. Freeman, “is to have, use, and enjoy all and singular the profits arising from the said land, negroes and other property, hereby…
1Opinion of the CourtNash, J.
The first enquiry presented by the case is, have the defendants been guilty .of a breach of their trust. Justice Story in the 2nd volume of his Equity Jurisprudence, p. 576, sec. 1275, thus sums up the duty of a trustee. lie is to defend the title to the property at law; should any suit be brought concerning it, to give notice to his cestui que trust, to prevent any waste or injury to the trust property, &c., and must act in relation to it with good faith and reasonable diligence. He must be particularly careful, says Mr. Willis, in his treatise on trustees, p. 125, to execute the trust…
Also in this document: Per curiam.
2Cited by13 opinions
- Richards v. MidkiffHawaii Supreme Court · 1964
- Commercial National Bank of Charlotte v. AlexanderSupreme Court of North Carolina · 1924
- Wachovia Bank & Trust Co. v. StevensonSupreme Court of North Carolina · 1928
- Miller v. McLeanSupreme Court of North Carolina · 1960
- Cone v. . Fruit Growers' AssociationSupreme Court of North Carolina · 1916
8 more not listed; retrieve them via the Exa API.