McKenzie v. . Sumner
Supreme Court of North Carolina
Civil actioN, tried before Battle, J., at February Term, 1894, of Rowan Superior Court. Thomas J. Sumner devised to the defendant, Julian E. Sumner, in trust for plaintiff one undivided third part of the land upon which he resided in Rowan county, to have and to hold to her and her heirs forever; and also bequeathed stock in the Charleston (S. C.) Mining and Manufacturing Company of the value of $7,500 to said defendant “ in trust for my sister, Ellen S. McKenzie.”
Read the full summary
Civil actioN, tried before Battle, J., at February Term, 1894, of Rowan Superior Court. Thomas J. Sumner devised to the defendant, Julian E. Sumner, in trust for plaintiff one undivided third part of the land upon which he resided in Rowan county, to have and to hold to her and her heirs forever; and also bequeathed stock in the Charleston (S. C.) Mining and Manufacturing Company of the value of $7,500 to said defendant “ in trust for my sister, Ellen S. McKenzie.” The feme plaintiff in her complaint alleged that the trust so created was a naked, dry or passive trust and .insisted that she…
1Opinion of the Court
Shepherd, C. J.:
As to the real estate devised to the defendant for the benefit of the plaintiff, there is no reason why the legal title is not vested in the plaintiff by the statute of uses, as the land is not conveyed to her “ sole and separate use” (see authorities collected in Malone on Real Prop. Trials, 544), nor is the trustee charged in any manner whatever with any special duties in respect to the same. .The case does not fall within either of the three well-known exceptions to the operation of the statute, and it would seem clear that the legal estate is executed in the plaintiff. 1…
2Cited by21 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Fisher v. . FisherSupreme Court of North Carolina · 1940
- Perkins v. Brinkley.Supreme Court of North Carolina · 1903
16 more not listed; retrieve them via the Exa API.