Hicks v. . Ward
Supreme Court of North Carolina
This was a controversy without action, from GraNVILLE County, submitted to MacRae, J., in the Fifth Judicial District. In 1864 Thomas J. Hicks died, having previously made his will, the material parts of which are set forth in the opinion, wherein he devised to Edward II. Hicks, with general power of appointment as to certain property, real and personal, described, and limitation over in case of failure to execute it.
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This was a controversy without action, from GraNVILLE County, submitted to MacRae, J., in the Fifth Judicial District. In 1864 Thomas J. Hicks died, having previously made his will, the material parts of which are set forth in the opinion, wherein he devised to Edward II. Hicks, with general power of appointment as to certain property, real and personal, described, and limitation over in case of failure to execute it. In an action against Edward H. Hicks, as executor in his own right, brought in the interest of the other distributees and parties in interest under the will, for an account and…
1Opinion of the Court
Shepherd, J.:
As Edward H. Hicks purchased the land at the commissioner’s sale and procured it to he conveyed to himself “upon the same trusts, and with the rights and' powers declared and set forth in the will of his testator,” and as the parties to the action have agreed to rest the decision upon the construction of the said will in reference to the authority of the said Hicks to execute the mortgage-in question, it is only necessary that we should consider the nature and extent of power conferred upon him by the said instrument.
The testator, after providing for his other children, devised…
2Cited by10 opinions
- Shannonhouse v. . WolfeSupreme Court of North Carolina · 1926
- Sams v. . PriceSupreme Court of North Carolina · 1896
- Henderson v. Western Carolina Power Co.Supreme Court of North Carolina · 1931
- Manning v. ScrevenSupreme Court of South Carolina · 1899
- Fletcher v. . BraySupreme Court of North Carolina · 1931
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