Legal Opinion

Faust v. . Faust

Supreme Court of North Carolina

Decided April 16, 1907PublishedCited by 13 opinions

Civil aotioN, tried before Ferguson, J.} and a jury, at December Term, 1906, of tbe Superior Court of EaNdolph County. The plaintiff alleged that her father, the late George A. Faust, died intestate 6 May, 1902, leaving surviving his four children, the defendants John C. Faust, George M. Faust, Elvira Saunders, and herself.

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Civil aotioN, tried before Ferguson, J.} and a jury, at December Term, 1906, of tbe Superior Court of EaNdolph County. The plaintiff alleged that her father, the late George A. Faust, died intestate 6 May, 1902, leaving surviving his four children, the defendants John C. Faust, George M. Faust, Elvira Saunders, and herself. That prior to his death the said George A. Faust owned four tracts of land, one of them known as the “Stinson Place,” containing 247 acres and worth $2,000. That prior to 29 May, 1901, he had given to each of his said children, except plaintiff, a tract of land, including…

1Opinion of the Court

CoNNOR, J.,

after stating the case: We concur with his Honor in the opinion that the testimony, taken to be true, does not establish any declaration of trust in favor of the plaintiff. This is true for several reasons. Passing the question of its competency to establish a trust by parol declarations made subsequent to the execution of the deed, we do not think that the language used by George A. Eaust shows a purpose to declare a trust attaching to the legal title. He simply conveyed the land to the children of John 0. Eaust in consideration of the promise of the son to pay his sister, the…

2Cases cited8 opinions

  1. Avery v. StewartSupreme Court of North Carolina · 1904
  2. Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
  3. Sykes v. Boone.Supreme Court of North Carolina · 1903
  4. Smiley v. . PearceSupreme Court of North Carolina · 1887
  5. Barbee v. . BarbeeSupreme Court of North Carolina · 1891

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

3Cited by13 opinions

  1. Avery v. . StewartSupreme Court of North Carolina · 1904
  2. Exum v. LynchSupreme Court of North Carolina · 1924
  3. Leaksville-Spray Institute v. MebaneSupreme Court of North Carolina · 1914
  4. Exum v. . LynchSupreme Court of North Carolina · 1924
  5. Canestrino v. PowellSupreme Court of North Carolina · 1949

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

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