Jenkins v. . Lambeth
Supreme Court of North Carolina
Civil actioN beard on motion for final judgment before Bond,, J., at March Term, 1916, of PasqtjotaNic Tbe action was to procure a sale of certain real estate conveyed in 1875 by R. C. Jenkins, now deceased, in trust for bis wife, Myra T., one of tbe plaintiffs, for life, witb remainders over, etc.
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Civil actioN beard on motion for final judgment before Bond,, J., at March Term, 1916, of PasqtjotaNic Tbe action was to procure a sale of certain real estate conveyed in 1875 by R. C. Jenkins, now deceased, in trust for bis wife, Myra T., one of tbe plaintiffs, for life, witb remainders over, etc. Tbe land having been sold under decree in the cause and tbe sum of $8,000 realized and held for distribution, on this, a motion for final judgment, plaintiffs or some of them contended that, as shown by decree, tbe proper disposition of tbe fund in question is controlled by tbe term's of tbe deed…
1Opinion of the Court
Hoee, J.,
after stating tbe case: From tbe pleadings and admitted facts it appears that in March, 1875, Dr. R. C. Jenkins conveyed tbe property in question to Palemón John, Esq., in trust, as follows:
“First. For tbe sole and separate use and benefit of Myra T. Jenkins, wife of said R. C. Jenkins, tbe party of tbe first part, for and during her natural life;
“Secondly. Upon the death of said Myra T. Jenkins, the said R. C. Jenkins, surviving, then to hold the same for the sole use. and benefit of such child or children of the said R. C. and Myra T. Jenkins or the representative of such child or…
2Cases cited9 opinions
- Heard v. ReadMassachusetts Supreme Judicial Court · 1897
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
- Latham v. Lumber Co.Supreme Court of North Carolina · 1905
- Welch v. BlanchardMassachusetts Supreme Judicial Court · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Witty v. WittySupreme Court of North Carolina · 1922
- Chas. W. Priddy & Co. v. SanderfordSupreme Court of North Carolina · 1942
- Thompson v. . HumphreySupreme Court of North Carolina · 1919
- Scales v. . BarringerSupreme Court of North Carolina · 1926
- Witty v. . WittySupreme Court of North Carolina · 1922
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