Gold v. Price

MORRIS, Judge.

In their first assignment of error defendants contend the trial court erred in holding that testatrix did not create a trust for the maintenance of her grave and Tom Gold’s grave. We find this assignment of error without merit for several reasons. First, as we pointed out in Starling v. Taylor, 1 N.C. App. 287, 290-291, 161 S.E. 2d 204 (1968), “[i]t is well settled in this State that three circumstances must concur in order to constitute a valid trust: (1) sufficient words to raise a trust, (2) a definite subject or trust res, and (3) an ascertained object. [Citations omitted.]”…