Legal Opinion
Bowen v. Darden
Supreme Court of North Carolina
Decided November 3, 1954No. 312PublishedCited by 64 opinions
1Opinion of the CourtJohnson, J.
Trusts are classified in two main divisions: express trusts and trusts by operation of law. The cardinal distinction between the two classes is that an express trust is based upon a direct declaration or expression of intention, usually embodied in a contract; whereas a trust by operation of law is raised by rule or presumption of law based on acts or conduct, rather than on direct expression of intention. Teachey v. Gurley, 214 N.C. 288, 199 S.E. 83; 54 Am. Jur., Trusts, sections 186 and 187. See also 65 C.J., p. 220 et seq.
In the case at hand we are concerned only with trusts by operation…
2Cases cited20 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Teachey v. . GurleySupreme Court of North Carolina · 1938
- Avery v. . StewartSupreme Court of North Carolina · 1904
- Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
15 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Sara Lee Corp. v. CarterSupreme Court of North Carolina · 1999
- Carcano v. JBSS, LLCCourt of Appeals of North Carolina · 2009
- Fulp v. FulpSupreme Court of North Carolina · 1965
- Mims v. MimsSupreme Court of North Carolina · 1982
- Security National Bank of Greensboro v. Educators Mutual Life InsuranceSupreme Court of North Carolina · 1965
59 more not listed; retrieve them via the Exa API.