Wood, Ex'r. v. . Cherry .
Supreme Court of North Carolina
This was a civil ACTION to recover possession of real estate, tried before his Honor Judge Eure and a jury, at the Spring. Term, 1875, of the Superior Court of ChowaN county.
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This was a civil ACTION to recover possession of real estate, tried before his Honor Judge Eure and a jury, at the Spring. Term, 1875, of the Superior Court of ChowaN county. The facts relating to the points decided in this Court are substantially the following: In April, 1863, James 0. Johnston, of Chowan county, made and published his last will and testament, by which he devised and bequeathed to Edward Wood, the testator of the plaintiffs, all his real and personal estate in the county of Cho-wan, subject to certain trusts and conditions contained in a private letter of the same date and…
1Opinion of the CourtPeaesoN, C. J.
According to justice, using the word in its broadest sense, as distinguished from law or equity, the defendant ought not to be disturbed in her occupation of the premises during her lifetime or widowhood, and we have considered the case in every point of view to see if we could sustain the decision of his Honor in her favor. But we can find no ground on which to do so.
I.The promise of Wood cannot be enforced on tire ground of its creating a trust, for a trust can only be created in one of four modes.
1. By transmission of the legal estate when a simple declaration will raise the use or trust.
2.…
2Cases cited1 opinion
- Ferguson v. . HaasSupreme Court of North Carolina · 1870
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- Sykes v. Boone.Supreme Court of North Carolina · 1903
- Avery v. . StewartSupreme Court of North Carolina · 1904
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