Holt v. Holt
Supreme Court of North Carolina
Civil actioN, brought by the executors of Alexander Holt, deceased, against T. M. Holt and others, trustees under the will of Edwin M. Iiolt, deceased, and heard by consent at May Term, 1893, of AlamaNGE Superior Court, before Bryan, J. There was judgment for the plaintiffs, and defendants appealed. The facts appear in the opinion of Associate Justice MaoRae. * .
1Opinion of the Court
MacRae, J.:
The object of this action is to obtain a construction of item 13 of the will of E. M. Holt, deceased, *243as to the disposition to be made by the trustees named therein, the defendants in this action, of the fund bequeathed to them in trust — it being left in doubt whether the bequest in said item was intended to be limited to the beneficiary during his life or was simply restrained by a provision ■ limiting his power of disposal thereof; the said beneficiary having by his last will treated the bequest to himself as an absolute one and in his turn disposed of the same, it was necessary…
2Cases cited1 opinion
- McMichael v. . HuntSupreme Court of North Carolina · 1880
3Cited by26 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Smith v. Ellington-Guy Lumber Co.Supreme Court of North Carolina · 1911
- Fellowes v. . DurfeySupreme Court of North Carolina · 1913
- Foil v. Newsome.Supreme Court of North Carolina · 1905
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