Carter v. . Strickland
Supreme Court of North Carolina
Appeal bj defendants from Connor, J., at August Term, 1913, of Nash. Civil action to remove a cloud from title, tried on pleadings and facts admitted. From these facts it appeared that some years prior to institution of this suit one John A. Williams died testate in Warren County, having made his last will and testament, duly admitted to probate, and said will containing, among others, the following items, being those more relevant to the inquiry: “(2) Item.
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Appeal bj defendants from Connor, J., at August Term, 1913, of Nash. Civil action to remove a cloud from title, tried on pleadings and facts admitted. From these facts it appeared that some years prior to institution of this suit one John A. Williams died testate in Warren County, having made his last will and testament, duly admitted to probate, and said will containing, among others, the following items, being those more relevant to the inquiry: “(2) Item. I devise and bequeath to my niece, Elizabeth W. Carter, my plantation near Shady Grove on which I now reside, it being the farm willed…
1Opinion of the Court
Hoke, J.,
after stating the case: Some of the earlier English cases, and they have been followed by decisions in this country, are to the effect that a trust will be engrafted or imposed upon an estate, absolute in terms, or upon its holder, by reason of precatory words in a will whenever “the objects of the precatory language are certain and the subject of the recommendation or wish is also certain” — a position supposed to best effectuate the intent of the testator. A consideration of the later cases, however, will show that, in the decisions referred to, the principle has been too broadly…
2Cases cited14 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
- Foose v. . WhitmoreNew York Court of Appeals · 1880
- Post v. . MooreNew York Court of Appeals · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Brinn v. . BrinnSupreme Court of North Carolina · 1938
- Weaver v. . KirbySupreme Court of North Carolina · 1923
- Young Women's Christian Ass'n of Asheville v. MorganSupreme Court of North Carolina · 1972
- Wachovia Bank & Trust Co. v. John Thomasson Construction Co.Supreme Court of North Carolina · 1969
- Hass v. . HassSupreme Court of North Carolina · 1928
11 more not listed; retrieve them via the Exa API.