Legal Opinion

Williard v. . Weavil

Supreme Court of North Carolina

Decided January 8, 1943PublishedCited by 10 opinions

1Opinion of the CourtSeawell, J.

It seems to be settled here that a life estate, with remainder over to designated persons, may be created in personalty, at least personalty of a more permanent nature, directly by will, without the intervention of a trustee. Smith v. Barham, 17 N. C., 420. Where the bequest is of property "quae ipso usu consumuntur,” it comes within the reason of the older law and the bequest conveys the absolute property in the chattels. Smith v. Barham, supra. But our decisions recognize that bequests of money do not come within the rule pertaining to personal property which perishes with use — could not…

2Cases cited13 opinions

  1. McIver v. . McKinneySupreme Court of North Carolina · 1922
  2. Holt v. Oval Oak Manufacturing Co.Supreme Court of North Carolina · 1919
  3. Holmes v. . YorkSupreme Court of North Carolina · 1932
  4. Smith v. . BarhamSupreme Court of North Carolina · 1833
  5. In Re the Administration of the Estate of KnowlesSupreme Court of North Carolina · 1908

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

3Cited by10 opinions

  1. Poindexter v. WACHOVIA BANK AND TRUST COMPANYSupreme Court of North Carolina · 1963
  2. Entwistle v. CovingtonSupreme Court of North Carolina · 1959
  3. BETTS BY AND THROUGH PARKER v. ParrishSupreme Court of North Carolina · 1984
  4. Darden v. BoyetteSupreme Court of North Carolina · 1957
  5. Woodard v. ClarkSupreme Court of North Carolina · 1952

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

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