Dunn v. Dunn.
Supreme Court of North Carolina
ActioN by J. A. Dunn and others against W. B. Dunn, heard by Judge B. F. Long and a jury, at the November Term, 1904, of the Superior Court of Wake County.
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ActioN by J. A. Dunn and others against W. B. Dunn, heard by Judge B. F. Long and a jury, at the November Term, 1904, of the Superior Court of Wake County. Benjamin Dunn died in 1852 leaving a will containing the following clause: “I give to my son William B. Dunn $400 in trust, however, for the sole use and benefit of my son Benjamin C. Dunn, but not subject to his control or liable for his debts or contracts in any way whatever, but to receive the interest annually, and at the decease of the said Benjamin C., I give and bequeath said amount to his children, to share and share alike.” W. B.…
1Opinion of the CourtClark, C. J.
The jury having responded “No” to the issue, “Did the defendant keep the said $400 separate from his own funds after its receipt in 1869 ?” it is well settled that he was not protected from liability because of the subsequent depreciation of Confederate money. Shipp v. Hettrick, 63 N. C., 329; Cummings v. Mebane, Ibid., 315.
But the Court erred in directing the jury to answer “No” to the issue, “Are the claims of all the plaintiffs barred by the statute of limitations ?” The sole express trust reposed in W. B. Dunn by the will was to hold the fund “for the sole use and benefit of Benjamin C.…
2Cases cited6 opinions
- Robertson v. . DunnSupreme Court of North Carolina · 1882
- Marcom v. . AdamsSupreme Court of North Carolina · 1898
- Faggart v. . BostSupreme Court of North Carolina · 1898
- Shipp, Ex'r v. . HettrickSupreme Court of North Carolina · 1869
- Baker v. . McAdenSupreme Court of North Carolina · 1896
1 more not listed; retrieve them via the Exa API.
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- Heilig v. DANIELOregon Supreme Court · 1955
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- State Ex Rel. Phipps v. Royal Indemnity Co.Supreme Court of North Carolina · 1932
- Guardian Trust Co. v. StuddertCourt of Appeals of Texas · 1931
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