Holmes v. . Holmes
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1880, of New Hanover Superior Court, before Avery, J. On the 20th day of June, 1851, William S. Campbell conveyed the land in controversy to W. C. Bettencourt and four other persons and their heirs, or the survivor of them, “ in trust for Sarah Moore ” — now the feme plaintiff Sarah Holmes, In declaring the trust there were no words of in-* heritance used.
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Civil Action tried at Spring Term, 1880, of New Hanover Superior Court, before Avery, J. On the 20th day of June, 1851, William S. Campbell conveyed the land in controversy to W. C. Bettencourt and four other persons and their heirs, or the survivor of them, “ in trust for Sarah Moore ” — now the feme plaintiff Sarah Holmes, In declaring the trust there were no words of in-* heritance used. On the 13th December, 1858, the said trustees conveyed the same land to T. C. Worth — -the said Sarah being then covert. In 1862 Worth died, and his executors, under a power contained in his will, conveyed…
1Opinion of the CourtRuffin, J.
The first exception, we consider, is the one taken to the judgment rendered in the court below. It is insisted that inasmuch as no words of inheritance are used in declaring the trust in favor of the plaintiff Sarah, she took but a life estate, and it was error therefore to have adjudged a conveyance to her in fee from the defendants.
As a general proposition it is unquestionably true, that in dealing with equitable estates, the courts of chancery adopt the same rules of construction that the courts of law do, with reference to legal estates ; but to this there are some few exceptions, and one…
2Cases cited2 opinions
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- Scott v. . BattleSupreme Court of North Carolina · 1881
3Cited by23 opinions
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Morehead v. HarrisSupreme Court of North Carolina · 1964
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Eubanks v. BectonSupreme Court of North Carolina · 1912
- Helms v. . AustinSupreme Court of North Carolina · 1895
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