Legal Opinion

McCorkle v. . Beatty

Supreme Court of North Carolina

Decided May 2, 1945PublishedCited by 7 opinions

1Opinion of the CourtSeawell, J.

We think that plaintiffs’ exception to the instruction given to the jury as to the weight and sufficiency of the evidence required to carry the burden of the issue must be sustained.

In a jurisdiction like ours, where the Seventh Section of the English Statute of Frauds, requiring the creation of trusts to be manifested in writing, has not been enacted, parol trusts may be imposed upon the legal title upon proof of an oral promise to hold in trust for the promisee; and parol evidence to prove such a trust is admitted “not to contradict the deed, but to bind the party to the trust which he…

2Cases cited3 opinions

  1. Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
  2. Boone v. . LeeSupreme Court of North Carolina · 1918
  3. Hinton v. . PritchardSupreme Court of North Carolina · 1890

3Cited by7 opinions

  1. In Re: Joseph Lee MooreSupreme Court of North Carolina · 1976
  2. In Re HatleySupreme Court of North Carolina · 1977
  3. Rhodes v. RaxterSupreme Court of North Carolina · 1955
  4. Matter of JohnsonCourt of Appeals of North Carolina · 1978
  5. Burton v. BurtonCourt of Appeals of North Carolina · 1996

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