{ "id": 8658269, "name": "MARY A. PERDUE et als. v. WM. T. PERDUE, SILAS POWELL and D. Y. COOPER", "name_abbreviation": "Perdue v. Perdue", "decision_date": "1899-03-14", "docket_number": "", "first_page": "161", "last_page": "163", "citations": [ { "type": "official", "cite": "124 N.C. 161" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "83 N. C., 371", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11277868 ], "opinion_index": 0, "case_paths": [ "/nc/83/0371-01" ] }, { "cite": "7 N. C., 98", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8684399 ], "opinion_index": 0, "case_paths": [ "/nc/7/0098-01" ] }, { "cite": "93 N. C., 442", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11274058 ], "opinion_index": 0, "case_paths": [ "/nc/93/0442-01" ] }, { "cite": "94 N. C., 592", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8651663 ], "opinion_index": 0, "case_paths": [ "/nc/94/0592-01" ] }, { "cite": "118 N. C., 138", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8652658 ], "opinion_index": 0, "case_paths": [ "/nc/118/0138-01" ] } ], "analysis": { "cardinality": 280, "char_count": 3860, "ocr_confidence": 0.437, "pagerank": { "raw": 8.078032156614848e-08, "percentile": 0.46694749385002754 }, "sha256": "24aa8f1f73e122ac96c2f8d68fcf4faffe84f651f07750e4469027d5a5906736", "simhash": "1:c96a4c3a6ec034a5", "word_count": 695 }, "last_updated": "2023-07-14T20:09:58.946028+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "MARY A. PERDUE et als. v. WM. T. PERDUE, SILAS POWELL and D. Y. COOPER." ], "opinions": [ { "text": "Eatrcuot\u00edIj C. J.\nThe following facts constitute the case: James H. Ealkner died about the year 1888, having first made and published his last will and testament, the construction of items 2 and 3 of which form the basis of this action by the plaintiffs. The said \u00abitems are as follows:\n\u201cItem 2. I will and bequeath unto my grandson William Thomas Perdue all of my land and personal property, to him and his heirs and assigns forever.\u201d\n\u201cItem 3. It is my will and desire that the said William Thomas Perdue shall take care of his grandmother, Lundy Falkner, and also of his mother, Mary Ann Perdue, during their lifetime, and also to take care of his two sisters, Jennie A. and Rettie Ann Perdue.\u201d\nThe grandmother, Lundy Ealkner, is dead, and the said Jennie A. and Bettie Ann Perdue are now married, and live with their husbands.\nThe said James H. Ealkner died seized and possessed of a tract of land in Vance County, containing about sixty-six acres, which William Thomas Perdue mortgaged, and upon default of payment of the debt secured by the mortgage the land was, after several years, sold by the mortgagee, and the defendants Powell and Cooper became the purchasers, went into possession, and now hold the same.\nLundy Ealkner is dead, and the question is, does the will make the support of the plaintiffs a.charge upon the land in the hands of defendants, or is it a personal trust and confidence in W. T. Perdue ?\nNo rule is better settled than that the intention of the testator must govern. The intention must be express or implied from the language of the will, considered as a whole. Beach on Wills, sections 255, 256. We see nothing in this will which implies that a charge on the land for the support of the plaintiffs was intended. It is only a recommendation or request.\nThe following are some instances in which the Court considered that certain words implied the intent to charge the property as a lien thereon:\nIn Outland v. Outland, 118 N. C., 138, the care and support were the \u201cconsideration\u201d expressed, for the devise to the sons.\nIn Misenheimer v. Sifford, 94 N. C., 592, there was a devise of land to a son, \u201cprovided\u201d he maintained his mother during his life comfortably, etc.: Held, to be a charge.\nIn Gray v. West, 93 N. C., 442, it was provided in the will that \u201cArey Gray is to have her support out ef the land.\u201d This was held a charge.\nTaylor v. Lanier, 7 N. C., 98, and Wellons v. Jordan, 83 N. C., 371, are instances where the trust was personal only, and similar in principle to the one before us.\nWe find no error in the ruling of the Court below.\nAffirmed.", "type": "majority", "author": "Eatrcuot\u00edIj C. J." } ], "attorneys": [ "Messrs. W. B. Shaw and T. M. Pittman, for plaintiffs (appellants).", "Messrs. A. G. Zollicojfer, T. T. Hides and A. J. Harris, for defendants." ], "corrections": "", "head_matter": "MARY A. PERDUE et als. v. WM. T. PERDUE, SILAS POWELL and D. Y. COOPER.\n(Decided March 14, 1899).\nWill \u2014 Charge Upon Land \u2014 Personal Trust.\nAfter a testator has devised all his estate, real and. personal, to his grandson, in fee, the will says: Item 3. It is my will and desire that the said William Thomas Perdue shall take care of his grandmother Lundy Falkner, and also of his mother, Mary A. Perdue, during their lifetime, and also to take care of his two sisters, Jennie A. and Bettie Ann Perdue: Held, that the words are merely recommendatory \u2014 expressive of personal confidence, and do not amount to a trust and charge upon the land, following it in the hands of purchasers.\nCivil ActioN, asking for the declaration of a trust in favor of plaintiffs upon a tract of land devised to defendant and W: T. Perdue, by his grandfather, James H. Falkner, and conveyed to his co-defendants, Powell and Cooper, tried before Brown, J., at Fall Term, 1898, of VaNCe Superior Court.\nHis Honor ruled that the words used created no trust or charge upon the land. Plaintiffs excepted, and appealed.\nThe devise is stated in the opinion.\nMessrs. W. B. Shaw and T. M. Pittman, for plaintiffs (appellants).\nMessrs. A. G. Zollicojfer, T. T. Hides and A. J. Harris, for defendants." }, "file_name": "0161-01", "first_page_order": 189, "last_page_order": 191 }