Chappell v. White
Supreme Court of North Carolina
Civil ACTION to recover a tract of laud, tried at Chowak Superior Court, Pall Term, 1907, before 0. II. Allen, J., aud a jury. Prom a judgment of nonsuit the plaintiff appealed.
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Civil ACTION to recover a tract of laud, tried at Chowak Superior Court, Pall Term, 1907, before 0. II. Allen, J., aud a jury. Prom a judgment of nonsuit the plaintiff appealed. On 16 April, 1868, Elisha J. Burk executed his will, devising all of his estate, real and personal, to his wife, Elizabeth, in fee, and died in 1889. Mrs. Burk remained in possession until 1904, when she died, devising the landed estate to Elisha Burk White, the namesake and near relative of her husband. A codicil was duly executed by the testator, Elisha Burk, on 19 Pebruary, 1889, three months before his death,…
1Opinion of the Court
BnowN, J.,
after stating the facts: Tbe purpose of tbe parol evidence is to fasten upon tbe devisee of Mrs. Burk a constructive or implied trust in this land. It is undoubtedly true that equity constructs and enforces such trusts by reason of acts or purposes of parties which are in violation of good faith. Therefore, within tbe scope of that doctrine, it is very generally held, in this country and in England, that, when tbe testator has made a devise to a certain person and, being about to alter that devise, such devisee induces tbe testator to abstain from making such alteration by a verbal…
2Cases cited7 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Sykes v. Boone.Supreme Court of North Carolina · 1903
- Wood, Ex'r. v. . Cherry .Supreme Court of North Carolina · 1875
- Pittman v. . PittmanSupreme Court of North Carolina · 1890
- Cobb v. . EdwardsSupreme Court of North Carolina · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cobb v. . EdwardsSupreme Court of North Carolina · 1895
- Newkirk v. StevensSupreme Court of North Carolina · 1910
- Newkirk v. . StevensSupreme Court of North Carolina · 1910