Henley v. . Holt

Stacy, 0. J.

This is the same case that was before us on plaintiff’s appeal at the Fall Term, 1938, reported in 214 N. C., 384, 199 S. E., 383, where the facts are set out and to which reference may be had to avoid repetition.. The trial court properly instructed the jury that the plaintiff was required to establish the parol trust, upon which he relies, by evidence clear, strong and convincing. Wilson v. Williams, 215 N. C., 407, 2 S. E. (2d), 19; Peterson v. Taylor, 203 N. C., 673, 166 S. E., 800; Gillespie v. Gillespie, 187 N. C., 40, 120 S. E., 822; Cunningham v. Long, 186 N. C., 526, 120…