Levy v. . Griffis
Supreme Court of North Carolina
At the Fall Term, 1870, of the Superior Court of Wake •County the following case agreed without an action was submitted to his Honor, Judge Watts.
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At the Fall Term, 1870, of the Superior Court of Wake •County the following case agreed without an action was submitted to his Honor, Judge Watts. One A. Nicholson purchased of the defendant, Bunting, a certain lot of land, paid a full and fair price for it, and had it conveyed to the defendant, Briggs, and his heirs “ in trust for the sole, separate and exclusive use and benefit of Caroline Nicholson, free from the control of her present or any future husband,” &c., u with the right of the said Caroline to dispose of the said piece or lot of land to any person she may wish by deed or…
1Opinion of the CourtPeabson, C. J.
A trust of which the scheme is in the outset completely declared -is an executed trust. If the scheme be imperfectly declared in the outset, and the creator of the trust has merely denoted his ultimate object, -imposing on the trustee or on the Court, the duty effectuating it, in-the most convenient way, the trust is executory.
The requirement to devise means for effectuating the trust, ■proves that what had been done, is not meant as a conclusive declaration of the terms of the trust. Adams Eq. 40.
A trust for the separate use of. A, and at her death for B, and- his. heirs, is clearly an…
2Cited by5 opinions
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Henderson v. Western Carolina Power Co.Supreme Court of North Carolina · 1931
- Bond v. . MooreSupreme Court of North Carolina · 1884
- Johnson v. . BlakeSupreme Court of North Carolina · 1899
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890