1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 688 S.E.2d
  5. 688 S.E.2d 752 (2010)
 

BROWN BROS. HARRIMAN TRUST CO. v. BENSON

No. COA09-474.

688 S.E.2d 752 (2010)

BROWN BROTHERS HARRIMAN TRUST CO., N.A., as Trustee of the Benson Trust, Plaintiff, v. Anne P. BENSON, as Grantor of the Benson Trust; John H. Benson, as Beneficiary under the Benson Trust; Anne H. Benson, as Beneficiary under the Benson Trust; Linley C. Benson, as Beneficiary under the Benson Trust; Ruth Pringle Pipkin Franklin, as Contingent Beneficiary under the Benson Trust; and the Unborn and Unascertained Issue and Heirs of Anne P. Benson, as Contingent Beneficiaries under the Benson Trust, Defendants.

Court of Appeals of North Carolina.

February 2, 2010.

Attorney(s) appearing for the Case

Culp Elliott & Carpenter, P.L.L.C., by William R. Culp, Jr., Charlotte, for Defendant-Appellant John H. Benson.

Smith Moore Leatherwood LLP, by Lynn F. Chandler, Charlotte, and Tanya N. Oesterreich, Greensboro, for Defendant-Appellee Anne P. Benson.

Essex Richards P.A., by Edward G. Connette, Charlotte, for Defendant-Appellee Ruth Pringle Pipkin Franklin.

Blanco Tackabery & Matamoros, P.A., by James E. Creamer, Jr., Winston-Salem, for Defendants-Appellees the Unborn and Unascertained Issue and Heirs of Anne P. Benson.

Johnston, Allison & Hord, P.A., by Paul A. Kohut, Martin L. White, and Carrington M. Angel, Charlotte, for Plaintiff-Appellee Brown Brothers Harriman Trust Co., N.A.

Ward and Smith, P.A., by E. Knox Proctor V and Cheryl A. Marteney, New Bern, for North Carolina Bankers Association, amicus curiae.

STEPHENS, Judge.

The sole issue before the Court in this case is whether the North Carolina Constitution requires application of the common law rule against perpetuities' restriction of the remote vesting of future interests in property. We conclude that it does not.

I. Factual Background and Procedural History

On 27 November 2007, Defendant Anne P. Benson executed a trust ("Benson Trust") naming Brown Brothers Harriman Trust Company, N.A...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases