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WACHOVIA BANK & TRUST CO. v. WADDELL

No. 105.

65 S.E.2d 317 (1951)

234 N.C. 34

WACHOVIA BANK & TRUST CO. v. WADDELL et al.

Supreme Court of North Carolina.

June 7, 1951.

Attorney(s) appearing for the Case

Francis J. Heazel, Asheville, for plaintiff appellant.

Kingsland Van Winkle, Asheville, guardian ad litem for Thornton Jordan and all the bodily heirs of Francis C. Jordan and Mary Jordan not in esse.

Tench C. Coxe, Jr., and Adams & Adams, Asheville, for Ralph E. Lee and Stephen R. Adams.

John Y. Jordan, Jr., Asheville, for Mary W. Jordan, Francis C. Jordan, Mary Jordan, Janet Jordan, and Betty Jordan Jacobs and husband, R. L. Jacobs.

Woodson & Woodson, Salisbury, for Vaughn A. Waddell.

Andrew Joyner, Jr., Greensboro, for Kate Waddell.

BARNHILL, Justice.

The judgment of the court below attempts to preclude the infant grandson of Francis C. Jordan, without notice and without a hearing. If, in fact, said infant "does not now and cannot ever have" any interest in the trust property, no harm is done by the decree. But such is not the case. The only disposition of the trust estate, at the termination of the trust, is contained in the direction that the property...

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