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56 N.C. 200

McKimmon v. . Rogers

Supreme Court of North Carolina

Decided June 5, 1857

Supreme Court of North Carolina · decided 1857-06-05

Cause removed from the Court of Equity of Wake County. Daniel Eogers, the father of William A. Eogers and Isaac Eogers, devised andbeqneathed as follows: “ I do appoint Isaac Eogers as trustee during the natural life of my soil William, until' his heirs may arrive at the age of maturity, and, therefore, I give and devise unto said Isaac Eogers, a certain tract of land, bounded, &c., containing 254 acres; also one negro man named Yirgil, to have and hold the said land and…

Cited by 1 later decisions — most recently June 1852

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-06-05

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PearsoN, J.

¶1 Under the will of Daniel Eogers, the land and slave mentioned in the pleadings vested in thq defendant Isaac, in trust to hold the same and receive the profits, and after paying the annual taxes, “ to apply the residue of the profits to the sole and exclusive use and benefit” of the other defendant, ’William. It was, no doubt, the wish of the testator to bestow this bounty upon bis son in such a manner that the creditors could not reach it, but he has failed of his purpose, for William takes a trust estate which is recognized and enforced by law. It is a universal rule that whenever a man is entitled to an estate, either legal or equitable, it may be subjected to the payment of debts. There will Ido a decree for the plaintiff.

¶2 Whether the defendant Isaac is entitled to retain a portion of the fund by way of refunding the amount he has expended in defending the many law-suits against William, and for advice in the management of the fund,” may be presented on a motion for further directions after the fund is brought in.

¶3 Per Curiam, - Decree accordingly.

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