Supreme Court of North Carolina February 5, 1895 (Kirby v. . Boyette)

Avery, J.:

Isaac Boyette, intending to provide for his son’s wife, on the fourth day of May, 1861, conveyed a tract of land to ITenry Kirby (to use the language of the instrument itself) “upon the express trust and undertakings however that he shall hold the said land and improvements for the sole and separate use of Louisa Y.