Baker v. . McAden
Supreme Court of North Carolina
Civil action, beard on complaint and answer and demurrer to answer, before Bryan, J., at Fall Term, 1895, of Mecklenburg Superior Court. The plaintiff, by this suit, seeks to compel the defendant, Jno. H. McAden, executor and trustee under the will of the late R. Y. McAden, to account with and pay over to him the share or interest of his deceased wife, Mrs. Virginia M. Baker, in the estate of her father, the testator.
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Civil action, beard on complaint and answer and demurrer to answer, before Bryan, J., at Fall Term, 1895, of Mecklenburg Superior Court. The plaintiff, by this suit, seeks to compel the defendant, Jno. H. McAden, executor and trustee under the will of the late R. Y. McAden, to account with and pay over to him the share or interest of his deceased wife, Mrs. Virginia M. Baker, in the estate of her father, the testator. The defendants answered the plaintiff’s complaint, and averred that Jno. H. McAden held the estate of his testator, R. Y. McAden, under the trust declared in his will, and that…
1Opinion of the Court
Faircloth, C. J.:
R. Y. McAden died in 1889, leaving a last will and testament and appointed the defendant, John H. McAden, executor, and left him surviving his widow and several children. In the will, after some specific legacies, the testator says : “ All the residue of my estate I give to my brother, John H. McAden, in trust for my children, he to have entire control of the same, and he is authorized to sell and dispose of the same, or any part thereof, at such time and on su-eh terms as he may deem best. lie shall also have authority to keep in possession and manage and operate any and all…
2Cases cited3 opinions
- Young v. . YoungSupreme Court of North Carolina · 1887
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- Toner v. CollinsSupreme Court of Iowa · 1885
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- Fisher v. . FisherSupreme Court of North Carolina · 1940
- McAfee v. Green.Supreme Court of North Carolina · 1906
- Benedict v. DunningAppellate Division of the Supreme Court of the State of New York · 1905
- Dunn v. Dunn.Supreme Court of North Carolina · 1905
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