Savings Bank & Trust Co. v. Johnson
Supreme Court of North Carolina
Appeal by plaintiff from Garter, J., at November Term, 1914, of PASQUOTANK. Action by tbe guardian of three of tbe devisees and legatees of J. B. Flora against bis executors to compel tbe delivery and payment of tbe devises and legacies, and the matters in controversy depend upon the construction of the will of said Flora, which reads as follows: I,J. B. Flora, of the above county and State, and being of sound mind and memory, do make, publish, and declare this to be my last…
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Appeal by plaintiff from Garter, J., at November Term, 1914, of PASQUOTANK. Action by tbe guardian of three of tbe devisees and legatees of J. B. Flora against bis executors to compel tbe delivery and payment of tbe devises and legacies, and the matters in controversy depend upon the construction of the will of said Flora, which reads as follows: I,J. B. Flora, of the above county and State, and being of sound mind and memory, do make, publish, and declare this to be my last will and testament, as follows: 1. My executors hereinafter named shall pay all my just debts out of the first money…
1Opinion of the CourtAllen, J.
We agree with his Honor that the words used in the eighth item of the will in connection with the appointment of the executors, that they are “to have entire control thereof (the property) so long as may be necessary for the fulfillment of this will,” do not create a trust.
It is true, no particular words are necessary for the creation of a trust, but the intention to do so must be clear and manifest (Haywood v. Wachovia Co., 149 N. C., 208; Haywood v. Wright, 152 N. C., 421), and in determining the intention of -the testator the entire will must be considered, and not separate-parts of it.…
2Cases cited5 opinions
- Dunn v. . HinesSupreme Court of North Carolina · 1913
- Lummus v. . DavidsonSupreme Court of North Carolina · 1912
- Perkins v. Brinkley.Supreme Court of North Carolina · 1903
- Haywood v. WrightSupreme Court of North Carolina · 1910
- Haywood v. Wachovia Loan & Trust Co.Supreme Court of North Carolina · 1908
3Cited by10 opinions
- Goode v. . HearneSupreme Court of North Carolina · 1920
- Springs v. HopkinsSupreme Court of North Carolina · 1916
- Westfeldt v. . ReynoldsSupreme Court of North Carolina · 1926
- Ryder v. . OatesSupreme Court of North Carolina · 1917
- Springs v. . HopkinsSupreme Court of North Carolina · 1916
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