Harrison v. . Battle
Supreme Court of North Carolina
Edward Cooper, by deed conveyed a certain slave and her increase to Nathaniel Harrison, in trust, for the use and benefit of Frances Cooper, (who was the wife of John D. Cooper,) during her natural life; and at her death, the said Harrison was to convey the said slave,- with her increase, to any person or persons that the said Frances might direct.
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Edward Cooper, by deed conveyed a certain slave and her increase to Nathaniel Harrison, in trust, for the use and benefit of Frances Cooper, (who was the wife of John D. Cooper,) during her natural life; and at her death, the said Harrison was to convey the said slave,- with her increase, to any person or persons that the said Frances might direct. Frances Cooper, after surviving her said husband, died without making any appointment under the power given in the deed of trust. After her death, Lawrence Battle, her administrator, set up a claim to the slave, as did also Joseph Arrington, the…
1Opinion of the Court
Daniel, Judge,
after stating the case proceeded. — The Court is of the opinion, that neither of the defendants have any interest in the trust fund mentioned in the deed; but that on the death of Frances Cooper, (who only had a life interest in the trust,) without executing or attempting to execute the power of appointment, the remainder of the trust resulted to the donor, Edward Cooper, or his personal representatives. When a particular estate is limited in a will by way of trust, followed by a declaration, that the particular legatee may dispose of the fund, he will not fake a beneficial…
2Cited by3 opinions
- Magevney v. KarschTennessee Supreme Court · 1933
- Bradford v. AndrewIllinois Supreme Court · 1923
- Henderson v. Western Carolina Power Co.Supreme Court of North Carolina · 1931