Home Bank of Lexington v. Fox
Supreme Court of South Carolina
Action by the Home Bank of Lexington against Alfred J. Fox, in which Ella V. Fox and others intervened. From a judgment for plaintiff, interveners appeal. submit: It is well established in this State that so long as there is any act for the trustee to perform the fee remains in the trustee, and so long as the fee is in the trustee the statute of uses does not execute the trust: 24 S. C. 304, 313; 29 S. C. 135-136; 23 S. C. 291, 295; 32 S. C. 72, 76; 61 S. C. 243, 249; 36 S.…
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Action by the Home Bank of Lexington against Alfred J. Fox, in which Ella V. Fox and others intervened. From a judgment for plaintiff, interveners appeal. submit: It is well established in this State that so long as there is any act for the trustee to perform the fee remains in the trustee, and so long as the fee is in the trustee the statute of uses does not execute the trust: 24 S. C. 304, 313; 29 S. C. 135-136; 23 S. C. 291, 295; 32 S. C. 72, 76; 61 S. C. 243, 249; 36 S. C. 100, 108. The estate created in the lands by the trust deed is to a class and the time has not arrived for the class…
1Opinion of the Court
March 29, 1920. The opinion of the Court was delivered by John Fox conveyed certain property to A.J. Norris, upon the following trusts:
"In trust, nevertheless, for the use, benefit, and behoof of my son, John Jesse Fox, and his wife and children, the estate conveyed and the rents, issues, and profits and interest thereon not to be in any manner subject to the debts or liabilities of the said John J. Fox. The cash amount herein conveyed is to be invested by the said trustee in good, safe securities and reinvested from time to time as occasion may require. The said John J. Fox and his wife,…
2Cases cited1 opinion
- Faber v. PoliceSupreme Court of South Carolina · 1878
3Cited by9 opinions
- Avinger v. AvingerSupreme Court of South Carolina · 1921
- Adams, Ex'r v. Dugan, SheriffSupreme Court of Oklahoma · 1945
- Magrath v. MagrathSupreme Court of South Carolina · 1937
- White v. WhiteSupreme Court of South Carolina · 1962
- Crayton v. CommissionerUnited States Board of Tax Appeals · 1928
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