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CARTER v. KEMPTON

No. 531.

62 S.E.2d 713 (1950)

233 N.C. 1

CARTER et al. v. KEMPTON et al.

Supreme Court of North Carolina.

December 13, 1950.

Attorney(s) appearing for the Case

Garland & Garland, Gastonia, and Frank H. Kennedy, Charlotte, for plaintiff appellees.

Tillett, Campbell, Craighill & Rendleman, Charlotte, for appellee Madge Carter Kempton.

S. B. Dolley, Gastonia, guardian ad litem, in propria persona.

BARNHILL, Justice.

Family settlements, when fairly made, are favorites of the law. They are bottomed on a sound public policy which seeks to preserve estates and to promote and encourage family accord. These statements in varying forms are to be found in many of our decisions. See Redwine v. Clodfelter, 226 N.C. 366, 38 S.E.2d 203, and cases cited. But when a testamentary trust is the subject matter of the agreement, there are material limitations upon their application...

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