Supreme Court of North Carolina, 1934

Durner v. . Hood, Comr. of Banks

Durner v. . Hood, Comr. of Banks
Supreme Court of North Carolina · Decided September 19, 1934 · PER CURIAM.
175 S.E. 717; 207 N.C. 856; 1934 N.C. LEXIS 510 (South Eastern Reporter)

Durner v. . Hood, Comr. of Banks

Opinion of the Court

Civil action to revoke gratuitous or voluntary trust, which, it is alleged, has proven to be ill-advised, improvident, and impossible of fulfillment.

From a decree terminating the trust, it appearing that the allegations of the petition are abundantly supported by the evidence and so found by the court, the Phoenix Mutual Life Insurance Company, as it feels in duty bound to do, appeals, assigning errors. Affirmed on authority of Bell v. McCoin, 184 N.C. 117, 113 S.E. 561. The cases of McRae v. Trust Co., 199 N.C. 714, 155 S.E. 614, Stanbackv. Bank, 197 N.C. 292, 148 S.E. 313, and Anderson v. Wilkins, 142 N.C. 154,55 S.E. 272, are also cited by petitioner as supporting in tendency the judgment.

Affirmed.

SCHENCK, J., took no part in the consideration or decision of this case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.