Hobgood v. Hobgood
Supreme Court of North Carolina
Appeal by Johnston, trustee, from Garter, J., at the June Term, 1915, of Edgecombe. Civil action to recover a trust fund.
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Appeal by Johnston, trustee, from Garter, J., at the June Term, 1915, of Edgecombe. Civil action to recover a trust fund. The facts chiefly relevant to the inquiry are very well set forth in the complaint, as follows, with the addition that the recited consideration of the deed of Logan Hob-good to the plaintiff, his mother, is natural love and affection, and $1. 2. That Martha A. Knight, late of Edgecombe County, North Carolina, died leaving a last will and testament, which is recorded in the office of the clerk of the Superior Court of Edgecombe County, in Will Book H, page 420, the third…
1Opinion of the Court
IíoKE, J.
The fund in the hands of these two trustees was evidently ■ designed and intended by the court and parties interested to stand in lieu of the land and to be subject to the terms and conditions of the will of Martha A. Knight, by whom it was devised. KecUrring, then, to the clause of the will in question, under numerous decisions of our Court, it conferred upon Pattie Pippen and Mollie Hobgood, respectively, an estate in fee in one undivided half of the property, defeasible as to each upon her dying without child or the representative of a- child, and, in case either died without…
2Cited by33 opinions
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- Thompson v. . HumphreySupreme Court of North Carolina · 1919
- Lee v. OatesSupreme Court of North Carolina · 1916
- Nobles v. . NoblesSupreme Court of North Carolina · 1919
- Holloway v. City of DurhamSupreme Court of North Carolina · 1918
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