Perkins v. . Caldwell
Supreme Court of North Carolina
Civil AotioN for the Construction of a "Will, tried at Spring term, 1877, of Burke Superior Court, before JFurches, J. The testator, John Caldwell, died in 1856. Tod R. Caldwell was appointed executor, and upon bis death Robert C. Perkins was appointed administrator with the will annexed, and instituted this action against the defendant legatees and their representatives, asking for a construction of the will of John Caldwell, and for an account by the representative of •the…
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Civil AotioN for the Construction of a "Will, tried at Spring term, 1877, of Burke Superior Court, before JFurches, J. The testator, John Caldwell, died in 1856. Tod R. Caldwell was appointed executor, and upon bis death Robert C. Perkins was appointed administrator with the will annexed, and instituted this action against the defendant legatees and their representatives, asking for a construction of the will of John Caldwell, and for an account by the representative of •the executor of said testator. No decision was made upon the questions involved in the controversy for the, reason that the…
1Opinion of the Court
RodmaN J.
We are of opinion that in the present stage of this case we cannot pass on any of the questions on which -the plaintiff asks our advice. No doubt an administrator or other trustee may in many eases apply to a Court for its instruction in the administration of a doubtful trust. 2 Story Eq. Jur. § 1267 ; Bullock v. Bullock, 2 Dev. Eq. 307.
Applications of this sort are most frequently made when, the object is merely to obtain a construction of an ambiguous will, although they are not confined to such cases. In the present case the will of the testator is of unusual clearness considering…
2Cited by5 opinions
- Balsley v. . BalsleySupreme Court of North Carolina · 1895
- Ruffin v. . RuffinSupreme Court of North Carolina · 1893
- In Re Estate of DanielSupreme Court of North Carolina · 1945
- Bullock v. . BullockSupreme Court of North Carolina · 1832
- In re the Estate of DanielSupreme Court of North Carolina · 1945