Murray v. Barden.
Supreme Court of North Carolina
ActioN by D. IT. Murray and others against J. J. Barden, executor of will of John Barden, heard by Judge E. W. Tim-berlake, at May Term, 1902, of the Superior Court of Samp-soN County. Tbutuim. The plaintiffs, the children and grand-children of the testator of the defendant, brought this action to recover an amount alleged to be due to them by the testator.
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ActioN by D. IT. Murray and others against J. J. Barden, executor of will of John Barden, heard by Judge E. W. Tim-berlake, at May Term, 1902, of the Superior Court of Samp-soN County. Tbutuim. The plaintiffs, the children and grand-children of the testator of the defendant, brought this action to recover an amount alleged to be due to them by the testator. The allegation is that the defendant’s testator in 1872 received, as guardian of a part of the plaintiffs and as agent of the others, a large amount of money bequeathed to them by the will of James Yann. An order of reference was made in…
1Opinion of the Court
Montgomery, J.,
(after stating the facts) : The plaintiff’s contention raised by several of their exceptions that the defendant was a. trustee of an express trust because of the fact that his testator had received the money of the plaintiffs as their guardian and agent and therefore that he had no right to purchase the claims of the plaintiffs arising out of the Vann legacy except for the full amount of those claims, principal and interest, and also that he cannot set up the Statute of Limitations against those claims, cannot be sustained. There is no evidence in the case that one cent of the…
2Cases cited3 opinions
- Lassiter v. . RoperSupreme Court of North Carolina · 1894
- Turner v. ShufflerSupreme Court of North Carolina · 1891
- Heyer v. Rivenbark.Supreme Court of North Carolina · 1901
3Cited by2 opinions
- Alley v. . RogersSupreme Court of North Carolina · 1915
- Turner v. . ShufflerSupreme Court of North Carolina · 1891