Haywood v. Wachovia Loan & Trust Co.
Supreme Court of North Carolina
ActioN for construction of a will, from Alamance, heard by Moore, by consent, at chambers, at Greensboro, 19 June, 1908. This action, in the nature of a bill in equity, is brought by A. W. Haywood and B. S. Eobertson, executors and trustees under the last will and testament of Charles T. Holt, deceased, against defendants Wachovia Loan & Trust Co., guardian of the estate of Louise M. Holt, an infant, and Mrs. Gena J. Owen, guardian of the person of said infant, and the other…
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ActioN for construction of a will, from Alamance, heard by Moore, by consent, at chambers, at Greensboro, 19 June, 1908. This action, in the nature of a bill in equity, is brought by A. W. Haywood and B. S. Eobertson, executors and trustees under the last will and testament of Charles T. Holt, deceased, against defendants Wachovia Loan & Trust Co., guardian of the estate of Louise M. Holt, an infant, and Mrs. Gena J. Owen, guardian of the person of said infant, and the other defendants who claim an interest, in remainder, in the property disposed of by the will of the said Charles T. Holt,…
1Opinion of the Court
Co'NNOR, J.,
after stating the case: The jurisdiction of the Superior Court to entertain and decide this action is derived from the jurisdiction vested in the Court of Equity, as it was constituted in this State, prior to the Constitution of 1868, by which the Court of Equity, as distinct branches of our judicial system, was abolished, and the jurisdiction vested in them conferred upon the Superior Court. The jurisdiction of the Court of Equity grew out of its general control over trusts and trustees. In Tayloe v. Bond, 45 N. C., 5, Pearson, J., says: “The jurisdiction, in matters of…
2Cases cited7 opinions
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Benbow v. . MooreSupreme Court of North Carolina · 1894
- Payne v. SaleSupreme Court of North Carolina · 1839
- Tayloe v. . BondSupreme Court of North Carolina · 1852
- Ritch v. . MorrisSupreme Court of North Carolina · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Commercial National Bank of Charlotte v. AlexanderSupreme Court of North Carolina · 1924
- Savings Bank & Trust Co. v. JohnsonSupreme Court of North Carolina · 1915