Mebane v. . Mebane
Supreme Court of North Carolina
Cause removed from the Court of Equity of Orange County, at the Fall Term, 1845. The following were the facts of the case : David Mebane, by his will, dated April 7th, 1842, gave to Alexander Mebane in fee, a tract of land, called the Hodge Place, and four slaves, “ in trust for my son Anderson ; and the said Alexander, as trustee, may at any time take possession of said land and negroes, and lease the land and hire the negroes, and apply the proceeds to the maintenance of…
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Cause removed from the Court of Equity of Orange County, at the Fall Term, 1845. The following were the facts of the case : David Mebane, by his will, dated April 7th, 1842, gave to Alexander Mebane in fee, a tract of land, called the Hodge Place, and four slaves, “ in trust for my son Anderson ; and the said Alexander, as trustee, may at any time take possession of said land and negroes, and lease the land and hire the negroes, and apply the proceeds to the maintenance of my son Anderson — it being my will and intention, that the aforesaid property shall not in any wise be subject to the…
1Opinion of the CourtRuffin, C. J.
In the case of Dick v. Pitchford, 1 Dev. and Bat. Eq. 480, the question arose upon a conveyance of negroes to one, in trust, annually to apply the profits to the use of the donor’s son, H. P., so that they should not be subject to be sold or disposed of by H. P., or the rents and profits anticipated by him, or in any manner subject to his debts; and it was held, that the son’s conveyance was, nevertheless, effectual to pass his interest, as cestui que trust, for the term of his life. The doctrine rests upon these considerations: that a gift of the legal property in a thing includes the jus…
Also in this document: Per curiam.
2Cited by13 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- American Trust Co. v. NicholsonSupreme Court of North Carolina · 1913
- Lee v. OatesSupreme Court of North Carolina · 1916
- Lee v. . OatesSupreme Court of North Carolina · 1916
- Hartwell v. Mobile Towing & Wrecking Co.Supreme Court of Alabama · 1924
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