1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 84 S.E.2d
  5. 84 S.E.2d 289 (1954)
 

BOWEN v. DARDEN

No. 312.

84 S.E.2d 289 (1954)

241 N.C. 11

H. M. BOWEN and wife, Bessle Ray Bowen; J. W. Bowen and wife, Verna V. Bowen; John A. Bowen and wife, Annie May Bowen; J. L. Bowen and wife, Ruby Bowen; Fannie Mae Bowen Hines (widow); T. A. Bowen and wife, Lizzie Mae Bowen; Mack Bowen and wife, Clara Bowen; D. G. Bowen and wife, Edith Bowen, and Pauline Bowen, v. Hildred Bowen DARDEN and husband, George H. Darden, Jr.; First Federal Savings & Loan Association of Greenville, North Carolina, a corporation, and A. C. Tadlock, Trustee.

Supreme Court of North Carolina.

November 3, 1954.

Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiffs, appellants.

Blount & Taft, James & Speight, and W. H. Watson, Greenville, for defendants, appellees.

JOHNSON, Justice.

Trusts are classified in two main divisions: express trusts and trusts by operation of law. The cardinal distinction between the two classes is that an express trust is based upon a direct declaration or expression of intention, usually embodied in a contract; whereas a trust by operation of law is raised by rule or presumption of law based on acts or conduct, rather than on direct expression of intention. Teachey v. Gurley, 214 N.C. 288, 199 S.E...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases