Butler v. . McLean

Citations

• 29 S.E. 416
• 122 N.C. 357
• 1898 N.C. LEXIS 262

Syllabus

<p>Deed, Construction of — ■Trusts—Intent of Grantor.</p> <p>1. A trust will not be declared as arising from a conveyance absolute in form, unless the intent of the grantor to create a trust clearly appears on the face of the deed.</p> <p>2. A deed made by J. M. to his son-in-law, W. S. M., recited as follows: “I, J. M., for and in consideration of the sum of §400, as an advancement to his wife, Polly Cornelia, and also for the further sum of §400 in hand paid hy the said W. S. M., do grant, &c., unto the said W. S. M., his heirs and assigns forever,” the land described. Held, that the deed conveyed the land absolutely in fee to the grantee, and no trust can he declared in favor of the wife of W. S. M. or her heirs for one-half of the land.</p>