Legal Opinion

Balsley v. . Balsley

Supreme Court of North Carolina

Decided February 5, 1895PublishedCited by 11 opinions

This was a civil actioN, tried before Ilis Honor W. A. Sohe, at December Term, 1894, of the Superior Court of Guileoed County, brought by T. E. Balsley, Executor of J. B. Balsley for the purpose of obtaining a construction of the last will and testament of said J. B. Balsley, and for sale of the real estate of said testator, and a distribution of the proceeds thereof and of the personal estate of the testator. A jury trial was waived by consent of-the parties.

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This was a civil actioN, tried before Ilis Honor W. A. Sohe, at December Term, 1894, of the Superior Court of Guileoed County, brought by T. E. Balsley, Executor of J. B. Balsley for the purpose of obtaining a construction of the last will and testament of said J. B. Balsley, and for sale of the real estate of said testator, and a distribution of the proceeds thereof and of the personal estate of the testator. A jury trial was waived by consent of-the parties. The facts admitted by the pleadings, and the parties, including those in the Eeferee’s Eeport, and found by His Honor and set forth in…

1Opinion of the Court

Aveey, J.:

The frequent filing of bills under the old, and institution of actions in the nature of bills in equity under the new practice, by executors and trustees against those entitled to the beneficial interests, for the purpose of obtaining a construction of wills, have led to the thorough crystallization of the leading principles governing causes of this kind.

1. Only such questions will be determined by the Court, •as it is necessary to settle in order to protect the Jidireiary in the discharge of his present duty. Tyson v. Tyson, 100 N. C., 360; Tayloe v. Bond, Busbee’s Eq., 5.

( 2. The…

2Cases cited7 opinions

  1. Lassiter v. . Wood .Supreme Court of North Carolina · 1869
  2. Vanstory v. ThorntonSupreme Court of North Carolina · 1893
  3. Little v. . ThorneSupreme Court of North Carolina · 1885
  4. Tyson v. TysonSupreme Court of North Carolina · 1888
  5. Barbara Alexander v. . Peter A. SummeySupreme Court of North Carolina · 1872

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. First Security Trust Co. v. LentzSupreme Court of North Carolina · 1928
  2. Linker v. . LinkerSupreme Court of North Carolina · 1938
  3. Bowden v. . LynchSupreme Court of North Carolina · 1917
  4. Nicholson v. . SerrillSupreme Court of North Carolina · 1926
  5. Perry v. . PerrySupreme Court of North Carolina · 1918

6 more not listed; retrieve them via the Exa API.

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