Dunlap v. . Ingram
Supreme Court of North Carolina
Cause removed from the Court of Equity of Anson county. Jeremiah Ingram, of Anson county, died in February, 1856, having made his will in December, 1853, ia which he made the following dispositions: “Item 1st. My will and desire is, that all my negroes, in this'Stftte, be kept together and worked-onmy plantation, nntil the lease that Presley and Elizabeth Stainback have on my plantation shall expire, except such of them as I shall otherwise dispose of. “ Item 2nd.
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Cause removed from the Court of Equity of Anson county. Jeremiah Ingram, of Anson county, died in February, 1856, having made his will in December, 1853, ia which he made the following dispositions: “Item 1st. My will and desire is, that all my negroes, in this'Stftte, be kept together and worked-onmy plantation, nntil the lease that Presley and Elizabeth Stainback have on my plantation shall expire, except such of them as I shall otherwise dispose of. “ Item 2nd. I gfve to my brother, Ebenezer, my Leake tract of land during his natural life ; and at his death to be sold, and the proceeds…
1Opinion of the CourtRuffin, J.
No observations are required on the first point, as the counsel for all the defendants agree, that the charitable bequests for religious purposes shall be paid.
There is no doubt on the second point, that the legatee, John B. Ingram, cannot hold the negroes, beneficially, as he takes them on an express trust. And there is as little doubt that the trust expressed is unlawful, as it is very plainly for the emancipation of negroes who are to reside here. The words in this will are much the same as those in the will in Sorrey v. Bright, 1 Dev. & Bat. Eq. 113 — in which, and in numerous other…
2Cited by6 opinions
- F. E. Lykes & Co. v. GroveSupreme Court of North Carolina · 1931
- Wells v. DickensSupreme Court of North Carolina · 1968
- Shaver's Adm'r v. Ewald's Ex'orCourt of Appeals of Kentucky · 1911
- Sweeney v. BrowSupreme Court of Rhode Island · 1917
- Ferguson v. CroomCourt of Appeals of North Carolina · 1985
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