Starnes v. . Hill
Supreme Court of North Carolina
Civil action. for .specific performance, tried at September Term, 1892, of Buncombe Superior Court, upon a case agreed, before. Bynum, J. ■ The caso agreed is as follows: It is agreed that the facts set forth in the complaint in this cause are true; and it is agreed that the facts setup as matters of defense in the answer are true, as also are the matters alleged in the reply. And all the pleadings are referred to and made a part of this case.
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Civil action. for .specific performance, tried at September Term, 1892, of Buncombe Superior Court, upon a case agreed, before. Bynum, J. ■ The caso agreed is as follows: It is agreed that the facts set forth in the complaint in this cause are true; and it is agreed that the facts setup as matters of defense in the answer are true, as also are the matters alleged in the reply. And all the pleadings are referred to and made a part of this case. It is further agreed that 0. A. Moore, Robert- 0. Patterson and his wife are all living at this time, and that said Patterson and wife have several…
1Opinion of the Court
SiíHRHRRD, C. J.:
It is well settled that “ in limitations of a trust, either of a real or personal estate1,, * * * the construction of limitations ought to be made according to the construction of limitations of a legal estate unless the intent of the testator or author of the trust plainly appears , to the contrary.” Fearne Cont. Rem., 125,
As there is nothing in the deed from W. A. Holland tpid wife to O. A. Moore, trustee, from which we are at libery to infer an intention that the terms therein employed were to be understood in any other than their technical sense, it must follow, in…
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