Bond v. . Moore
Supreme Court of North Carolina
Civil Action tried at FalL Term, 1883, of Chow AN Superior Court, before Avery, J. John M. Jones, owning the lot of land in the town of Eden-ton described in the complaint, and the recovery of possession of which is the object of this action, on February 9th, 1866, conveyed the same by deed executed by himself of the first part, Thomas W. Hudgins of the second, and Martha A. Jones, his wife, of the third part, to the said Thomas W. Hudgins in fee upon the following declared…
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Civil Action tried at FalL Term, 1883, of Chow AN Superior Court, before Avery, J. John M. Jones, owning the lot of land in the town of Eden-ton described in the complaint, and the recovery of possession of which is the object of this action, on February 9th, 1866, conveyed the same by deed executed by himself of the first part, Thomas W. Hudgins of the second, and Martha A. Jones, his wife, of the third part, to the said Thomas W. Hudgins in fee upon the following declared trusts: 1. That the said trustee shall at any time convey the said lot and improvements to such person as the said party…
1Opinion of the Court
Sjutii, C. J.,
after stating the case. The question to be decided arises from the construction of the deed, and is, whether an equitable estate in remainder vests in the plaintiffs, entitling them to demand a conveyance of the legal estate from the heirs-at-law of the trustee and possession from the defendant Moore:
' It is not important to consider the force and effect of the terms used in the declaration of the trust in favor of the wife, and the necessity of words of inheritance to enlarge an estate for life into a fee. This trust is, as are the others, executory, and not an cxeexded trust —…
2Cases cited3 opinions
- Mosely v. . MoselySupreme Court of North Carolina · 1882
- King v. WeeksSupreme Court of North Carolina · 1874
- Levy v. . GriffisSupreme Court of North Carolina · 1871
3Cited by8 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- Henderson v. Western Carolina Power Co.Supreme Court of North Carolina · 1931
- Chater ex rel. Chater v. CarterHawaii Supreme Court · 1914
- University of North Carolina v. City of High PointSupreme Court of North Carolina · 1932
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