Little v. . Thorne
Supreme Court of North Carolina
Jurisdiction— Wills— Trusts— Construction. Civil action heard before Gudger, Judge, at Spring Term, 1885, Wilson Superior Court, upon the following “ case agreed: ” This is an action brought by the plaintiffs, claiming as legatees and devisées, under the will of Gray Lodge, against the defendants, who also claim in the same character under said will, for a construction of certain trusts and devises therein contained.
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Jurisdiction— Wills— Trusts— Construction. Civil action heard before Gudger, Judge, at Spring Term, 1885, Wilson Superior Court, upon the following “ case agreed: ” This is an action brought by the plaintiffs, claiming as legatees and devisées, under the will of Gray Lodge, against the defendants, who also claim in the same character under said will, for a construction of certain trusts and devises therein contained. Rebecca Lodge, wife of Gray Lodge, to whom certain devises and bequests were made, having died before the constitution of the action, her executor was made a party defendant, and…
1Opinion of the CourtAshe, J.
(after stating the facts). The action seems to be predicated upon the general idea that a court of equity has a sweeping jurisdiction in reference to the construction of wills, which Chief Justice PEARSON said, in the case of Tayloe v. Bond, Busb. Eq., 5, was au erroneous idea. In that case, the learned Judge, in his well considered opinion, has given a very clear exposition of the jurisdiction of a court of equity, in the construction of wills, and from it we deduct the following rule as established: That the jurisdiction in matters of construction is limited to such as are necessary for the…
2Cases cited2 opinions
- Simpson v. . WallaceSupreme Court of North Carolina · 1880
- Alsbrook v. . ReidSupreme Court of North Carolina · 1883
3Cited by13 opinions
- Anway v. Grand Rapids Railway Co.Michigan Supreme Court · 1920
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- First Security Trust Co. v. LentzSupreme Court of North Carolina · 1928
- Balsley v. . BalsleySupreme Court of North Carolina · 1895
- Tyson v. TysonSupreme Court of North Carolina · 1888
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