Legal Opinion

Cole v. Oxford Savings Bank

Supreme Court of North Carolina

Decided November 28, 1923PublishedCited by 8 opinions

1Opinion of the CourtAdams, J.

In the contested clause it is provided that the bank shall pay the legatee annually during his natural life the “income,” that is, the interest on the sum of $600, and after his death shall distribute the principal among the other legatees named in the will. The general rule is that a gift of the income of property is to be regarded as a gift of the property itself only when no limitation of time is attached; but where a testator directs that the interest on a sum of money be paid to a designated beneficiary annually during his natural life, and that after his death the principal shall be…

2Cases cited3 opinions

  1. Lummus v. . DavidsonSupreme Court of North Carolina · 1912
  2. Rouse v. . RouseSupreme Court of North Carolina · 1914
  3. Fowler v. . WebsterSupreme Court of North Carolina · 1917

3Cited by8 opinions

  1. Fisher v. . FisherSupreme Court of North Carolina · 1940
  2. Smyth v. . McKissickSupreme Court of North Carolina · 1943
  3. Patrick v. . BeattySupreme Court of North Carolina · 1932
  4. Thomas Ex Rel. Thomas v. ClaySupreme Court of North Carolina · 1924
  5. Chinnis v. . CobbSupreme Court of North Carolina · 1936

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