State Ex Rel. Wardens of the Poor of Beaufort County v. Gerard
Supreme Court of North Carolina
This was an appeal from the decree of his honor Judge Settle, at the Fall Term, 1841, of Beaufort Court of Equity, sustaining the defendant’s demurrer and dismissing the plaintiff’s bill. The bill, which was filed at Fall Term, 1839, was at the instance of the Solicitor for the State in the second judicial district, by and at the relation of the wardens of the poor of Beaufort county, against William B. H. Gerard.
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This was an appeal from the decree of his honor Judge Settle, at the Fall Term, 1841, of Beaufort Court of Equity, sustaining the defendant’s demurrer and dismissing the plaintiff’s bill. The bill, which was filed at Fall Term, 1839, was at the instance of the Solicitor for the State in the second judicial district, by and at the relation of the wardens of the poor of Beaufort county, against William B. H. Gerard. The bill charged that Charles Gerard, late of Edgcomb county and State of North Carolina, died seized and possessed of certain tracts of land, lying in the county of Beaufort, and…
1Opinion of the CourtGaston, J.
We are of opinion that none of the grounds taken in support of the demurrer in this case can be sustained.
It has been insisted, that if the lands, which are the subject of this controversy, have teen devised to the wardens, either as individuals designated by that description, or as a corporate body in our law, the case is one purely legal, and furnishes no matter for the cognizance of a Court of Equity; and,'on the other hand, if the devise be one to the poor of the county, it is utterly w>:d, because of its indefinitencss. We hold it to’ be clear, that the devise was not made to…
2Cited by10 opinions
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- Kabisius v. BrookeCalifornia Court of Appeal · 1937
- Williams v. . WilliamsSupreme Court of North Carolina · 1939
- Wachovia Banking & Trust Co. v. OgburnSupreme Court of North Carolina · 1921
- Woodcock v. . Trust Co.Supreme Court of North Carolina · 1938
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