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McDANIEL v. FORDHAM

No. 167.

135 S.E.2d 22 (1964)

261 N.C. 423

Nannie W. McDANIEL et al. v. R. L. FORDHAM and wife Clarine W. Fordham, Helen W. Moore and husband Matthew Moore.

Supreme Court of North Carolina.

March 18, 1964.

Attorney(s) appearing for the Case

Brock & Hood, Darris W. Koonce, Trenton, for appellants.

George R. Hughes, Trenton, Wallace & Wallace, Whitaker & Jeffress, Kinston, for appellees.

DENNY, Chief Justice.

This appeal presents two questions for consideration and determination. (1) Do the plaintiffs in their complaint attempt to engraft a parol trust on a prospective inheritance? (2) Is there a misjoinder of parties and causes of action?

In this jurisdiction an express trust may be impressed on land by a parol agreement accompanying the conveyance of the legal title. Taylor v. Addington, 222 N.C. 393, 23 S.E.2d 318; Peele v. LeRoy, 222 N...

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