Legal Opinion

Temple v. Board of Commissioners

Supreme Court of North Carolina

Decided September 5, 1892PublishedCited by 3 opinions

This was a civil action heard by Shuford, J., on the 27th day of April, 1892, at Chambers in Plymouth, by consent, on an appeal from a decree rendered by the Clerk of the Superior Court of Pasquotank County. The petitioner, W. 0. Temple, as administrator of Mary A. Thomas, filed his petition before the Clerk of the Superior Court of Pasquotank Countj', praying an order and decree of distribution of certain funds which had come into his hands as administrator‘aforesaid.

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This was a civil action heard by Shuford, J., on the 27th day of April, 1892, at Chambers in Plymouth, by consent, on an appeal from a decree rendered by the Clerk of the Superior Court of Pasquotank County. The petitioner, W. 0. Temple, as administrator of Mary A. Thomas, filed his petition before the Clerk of the Superior Court of Pasquotank Countj', praying an order and decree of distribution of certain funds which had come into his hands as administrator‘aforesaid. The respondents were duly served with summons, and each of them filed answers to the petition. Upon the hearing the Clerk, by…

1Opinion of the Court

MacRae, J.:

The first exception was t > the admission of the testimony of J. Heywood Sawyer, who, after stating that he is an attorney at law, and has been practicing in North Carolina since 1878, that in. the course of his business connected with the subject-matter of the present litigation, he has thoroughly examined into the law of Maryland, and thinks, from this examination, he is qualified to state what that law is on this subject, and testifies, in substance, that, by the decisions of the Court of Appeals of that State, devises and legacies to charitable uses cannot be sustained and…

2Cases cited1 opinion

  1. McKoy v. Guirkin & Co.Supreme Court of North Carolina · 1889

3Cited by3 opinions

  1. Neil v. Idaho & Washington Northern RailroadIdaho Supreme Court · 1912
  2. Spaeth v. KounsSupreme Court of Kansas · 1915
  3. Allen v. . PassSupreme Court of North Carolina · 1838

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