Vaughan v. . Wise
Supreme Court of North Carolina
Appeal from Peebles, J., at Fall Term, 1909, of Hertford. The will of M. W. Wise contained this provision: “8. All that portion of my property that I have given to my son K. E. Wise, I give in trust to my. daughter, Eula S. Smith, and my son W. B. Wise, to be managed for him and paid to him as he may need and require it, they- giving security for the faithful performance of this duty.
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Appeal from Peebles, J., at Fall Term, 1909, of Hertford. The will of M. W. Wise contained this provision: “8. All that portion of my property that I have given to my son K. E. Wise, I give in trust to my. daughter, Eula S. Smith, and my son W. B. Wise, to be managed for him and paid to him as he may need and require it, they- giving security for the faithful performance of this duty. I do not 'owe anything to his creditors, and therefore do not feel under any obligations to them.” In section 6 of the will the testator had given all his estate, not specifically devised, “to be equally divided…
1Opinion of the Court
ClaRK, C. J.,
after stating the case: In Mebane v. Mebane, 39 N. C., 131, Ruffin, C. J., said: “In Dick v. Pitchford, 21 N. C., 480, the question arose upon a conveyance of negroes to one, in trust, annually to apply the profits to the use of the donor’s son, H. P., so that they should not be subject to be sold or disposed of by H. P., or the rents and profits anticipated by him, or in any manner subject to his debts; and it was held that the son’s conveyance was nevertheless effectual to pass his interest as cestui que trust for the term of his life. * * * Whatever interest the debtor has in…
2Cases cited6 opinions
- Dick v. . PitchfordSupreme Court of North Carolina · 1837
- Mebane v. . MebaneSupreme Court of North Carolina · 1845
- Pace v. . Pace, Adm'r., C.Supreme Court of North Carolina · 1875
- Ricks v. Pope.Supreme Court of North Carolina · 1901
- Gray v. Hawkins.Supreme Court of North Carolina · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- First National Bank of Ft. Smith v. MarreSupreme Court of Arkansas · 1931
- Pilkington v. WestSupreme Court of North Carolina · 1957
- Mizell v. . BazemoreSupreme Court of North Carolina · 1927
- Bank of Union v. HeathSupreme Court of North Carolina · 1924
- Bank v. . HeathSupreme Court of North Carolina · 1924