Featherston v. . Wilson
Supreme Court of North Carolina
Civil action tried before Hoke, J., and a jury at Spring Term, 1898, of the Superior Court of Buncombe County. This action involved the construction of a deed of trust executed by J. W. Wilson to a trustee for the benefit of his wife, the defendant, now a widow, and his two daughters, Delia,- since dead, and the plaintiff, who succeeded to her sister’s interest.
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Civil action tried before Hoke, J., and a jury at Spring Term, 1898, of the Superior Court of Buncombe County. This action involved the construction of a deed of trust executed by J. W. Wilson to a trustee for the benefit of his wife, the defendant, now a widow, and his two daughters, Delia,- since dead, and the plaintiff, who succeeded to her sister’s interest. The trustee, G-. W. Neely, is a non-resident and paid no attention to the management of the property, which has been controlled by the defendant. The plaintiff claimed that under that deed, she, Delia, and the defendant were tenants…
1Opinion of the Court
Faircloth, C. J.:
This is the fifth time this case has come before this Court. See 118 N. 0.,- 84U; 119 N. C., 588; 120 N. C., 446; Í22 N. 0-, 747, where the facts and history of the whole matter will be found. It was held by this Court (119 N. C., 588) that under the trust deed of John Wilson, husband of defendant and father of plaintiff, the wife and children are tenants in common in the trust estate. The plaintiff is the only surviving child and owns two-thirds and the defendant one-third of said estate. At the last trial, now here for review, the plaintiff, demanding her two-thirds of the…
2Cases cited8 opinions
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- State v. . RashSupreme Court of North Carolina · 1851
- State Ex Rel. Wilson v. FeatherstoneSupreme Court of North Carolina · 1897
- Boylston Insurance Co. v. DavisSupreme Court of North Carolina · 1876
- Barton v. . MorphisSupreme Court of North Carolina · 1833
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Boone v. Citizens Bank & Trust Co.Tennessee Supreme Court · 1927
- Nowell v. . BasnightSupreme Court of North Carolina · 1923
- Benson v. Action Electric Co.Court of Appeals of Georgia · 1974
- Rose & Day, Inc. v. ClearyCourt of Appeals of North Carolina · 1972
3 more not listed; retrieve them via the Exa API.