AMERICAN TRUST CO. v. JOHNSON

No. 525.

73 S.E.2d 468 (1952)

236 N.C. 594

AMERICAN TRUST CO. v. JOHNSON et al.

Supreme Court of North Carolina.

December 10, 1952.


Attorney(s) appearing for the Case

Helms & Mulliss, Charlotte, for plaintiff, appellant.

B. Irvin Boyle, Charlotte, guardian ad litem for Susan A. Lee, Patricia D. Lee, Melinda Rex and the unborn children of George Lee, Sam M. Lee, Jr. and Harry J. Lee, appellants, in pro. per.

Cochran, McCleneghan & Miller and Tillett, Campbell, Craighill & Rendleman, Charlotte, for Mrs. Irving Harding Johnson, appellee.

Taliaferro, Clarkson & Grier, Covington & Lobdell and J. W. Alexander, Jr., Charlotte, for George Lee, Sam M. Lee, Jr. and Harry J. Lee, appellees.


DENNY, Justice.

The doctrine of acceleration is recognized and accepted in this jurisdiction. It has been applied in a number of cases where the widow rejected the life estate devised or bequeathed to her with remainder to devisees or legatees who could be definitely identified at the time of her dissent. Neill v. Bach, 231 N.C. 391, 57 S.E.2d 385; Cheshire v. Drewry, 213 N.C. 450, 197 S.E. 1; Young...

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