Clark v. Cox
Supreme Court of North Carolina
This is a PROCEEDING eor partition tried before Bynum, J, at Halifax, and the facts were as follows: On the 13th day of January, 1807, James Smith executed a deed in trust to David Clark containing the following provision : “ To have and to hold the said tract or parcel of land and all and singular the premises above mentioned to the said David Clark and his heirs for the uses and purposes hereinafter mentioned, that is to say, in trust for the use and behoof of the said…
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This is a PROCEEDING eor partition tried before Bynum, J, at Halifax, and the facts were as follows: On the 13th day of January, 1807, James Smith executed a deed in trust to David Clark containing the following provision : “ To have and to hold the said tract or parcel of land and all and singular the premises above mentioned to the said David Clark and his heirs for the uses and purposes hereinafter mentioned, that is to say, in trust for the use and behoof of the said Lucy S. Norfleet during her life, then for the use and behoof of such child or children as she, the said Lucy S. Norfleet,…
1Opinion of the Court
Shephbed, C. J.:
It is contended on the part of the plaintiffs that Louise Clark and Olivia Cox, nee Norfleet, who died during the lifetime of Lucy S. Edwards, nee Norfleet, took no interest under the deed in trust that could be transmitted by descent; that their heirs, who are-plaintiffs and defendants, took as purchasers individually as if they had been named *96in the said deed, and that the fund should therefore be divided per capita and not per stirpes.
A perusal of the deed very clearly shows that it was not made in ops consilii, and the language used by the draftsman has such a definite and…
2Cases cited4 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Watson v. . SmithSupreme Court of North Carolina · 1892
- Holmes v. . HolmesSupreme Court of North Carolina · 1882
- Fulbright v. . YoderSupreme Court of North Carolina · 1893
3Cited by4 opinions
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
- Smith v. SmithSupreme Court of Alabama · 1908
- Mohn v. MohnSupreme Court of Iowa · 1910
- Holderness v. CommissionerUnited States Board of Tax Appeals · 1935