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eBook details

• Title: Wescott v. First and Citizens National Bank of Elizabeth City
• Author : Supreme Court of North Carolina No. 28
• Release Date : January 17, 1947
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

This case was here at Fall Term, 1946, and is reported ante, 39, where the facts are fully set out. The action was instituted to impress a trust in favor of the plaintiff as to funds which had been deposited in defendant Bank to the credit of Ulysses C. Robbins, who died oversas while in the armed forces of the United States, in 1945. On the former appeal this Court held that the evidence was insufficient to show the creation of a trust, and that the fund should be truned over to the administrator for distribution according to law. The next of kin are the infant brother and sister of the decedent. It was noted in the opinion that the letters of the deceased soldier, which were relied on by the plaintiff as constituting a trust, had not been offered or proven in the manner prescribed by the statutes so as to constitute a will. In further reference thereto it was stated in the opinion of this Court, ""The letters of Robbins evidence a desire only to secure for his own use the money he was sending back from overseas, and do not seem to contain definite expression of purpose or intention thereby to make a testamentary disposition of the fund.""

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