Cobb v. Edwards
Supreme Court of North Carolina
Civil aotioN, beard before Brown, J., at May Special Term, of GreeNE Superior Court, on the report of a referee and exceptions of defendants thereto. , The exceptions were overruled and the defendant .appealed. The facts are sufficiently stated in the opinion of-Associate Justice Aveey.
1Opinion of the Court
Avery, J.:
As the argument developed the fact that intelligent counsel differ widely in the interpretation of our own adjudications upon the ¡-ubject of parol trusts, especially as to the nature and quantum of proof necessai’3r to set them up, it is perhaps well to recur to first principles and begin at the foundation the discussion of the doctrine that has been built upon them.
Judge PeaesoN in Wood v. Cherry, 73 N. C., 110, laid down the rule that trusts couhl be created only in one of four modes, viz., either by—
1. Transmission of the legal estate where a single declaration will raise the…
2Cases cited21 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Harding v. . LongSupreme Court of North Carolina · 1889
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Smiley v. . PearceSupreme Court of North Carolina · 1887
- Wood, Ex'r. v. . Cherry .Supreme Court of North Carolina · 1875
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Sykes v. Boone.Supreme Court of North Carolina · 1903
- Avery v. . StewartSupreme Court of North Carolina · 1904
- Hare v. . WeilSupreme Court of North Carolina · 1938
- Ratliff v. Ratliff.Supreme Court of North Carolina · 1902
17 more not listed; retrieve them via the Exa API.