Trustees of the University of N. C. v. Gatling
Supreme Court of North Carolina
CONTROVERSY, for the Construction of a Will, submitted without action under C. C. P., § 315, at Spring Term. 1879, of Wake Superior Court, before Eure, J. Upon the clause of the will set out in the opinion, the court below held that the plaintiff was entitled to the bonds mentioned as an endowment of as many scholarships as the interest thereon from year to year may be sufficient to pay for at the then current rates of tuition at the University, and no more, the students who…
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CONTROVERSY, for the Construction of a Will, submitted without action under C. C. P., § 315, at Spring Term. 1879, of Wake Superior Court, before Eure, J. Upon the clause of the will set out in the opinion, the court below held that the plaintiff was entitled to the bonds mentioned as an endowment of as many scholarships as the interest thereon from year to year may be sufficient to pay for at the then current rates of tuition at the University, and no more, the students who are to receive the benefits thereof to be selected as set forth in said clause; and adjudged that defendant executors…
1Opinion of the CourtSmith, C. J.
This is a controversy submitted without action upon a case agreed under C. C. P., § 315, the purpose of which is to recover a specific legacy given in the will of B. F. Moore, deceased, and to determine the conditions on which it is to be received.
The testator in the 29th clause of his will bequeathes as follows: “ I give to the trustees of the University of North Carolina, five bonds of the United States, each bond of one thousand dollars, issued under the act of 14th July, 1870, and 20th July, 1871, payable in coin and redeemable at the pleasure of the government after the first day of May,…
2Cited by3 opinions
- State v. AckermanSupreme Court of New Jersey · 1899
- Z. Smith Reynolds Foundation, Inc. v. Trustees of Wake Forest CollegeSupreme Court of North Carolina · 1947
- Reynolds Foundation v. . Trustees of Wake ForestSupreme Court of North Carolina · 1947