Ricks v. Rocky Mount Savings & Trust Co.
This text of 144 S.E. 364 (Ricks v. Rocky Mount Savings & Trust Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The court below rendered the following judgment: “The court having heard argument and fully considered same, is of the opinion that the defendant trustees have no power under the provisions q£ .’the will referred to upon the facts alleged in the complaint and admitted in the answer to make compensation to the plaintiff for any loss he may have sustained by reason of diminution of the value of his legacy, or his, failure or inability to. collect the purchase price thereof. Wherefore,- the plaintiff’s action is dismissed, the court in its discretion directing, that the defendants, out.of the trust• estate, pay the cost thereof.”
,.;Prom a careful reading, of the record, the will of R. H. Ricks and codicils,, and briefs of the- parties, we think the judgment of the court below correct. The judgment is
Affirmed.
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Cite This Page — Counsel Stack
144 S.E. 364, 196 N.C. 36, 1928 N.C. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricks-v-rocky-mount-savings-trust-co-nc-1928.