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WACHOVIA BANK & TRUST CO. v. SCHNEIDER

No. 452.

70 S.E.2d 578 (1952)

235 N.C. 446

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

Supreme Court of North Carolina.

April 30, 1952.

Attorney(s) appearing for the Case

A. L. Purrington, Jr., Raleigh, guardian ad litem for Nancy Elizabeth Schneider.

Manning & Joslin, Raleigh, for Mildred Patterson Beard and Francis F. Patterson.

Samuel R. Leager, Raleigh, guardian ad litem for all persons in esse and in posse not otherwise represented.

Brassfield & Maupin, Raleigh, for Robert H. Schneider.

Joseph B. Cheshire, Jr., Raleigh, guardian ad litem for unborn children of Nancy Elizabeth Schneider and for lineal descendants of Mary Patterson Schneider not now in being.

BARNHILL, Justice.

Did Robert P. Schneider, upon the death of his mother, become seized and possessed of a transmittible one-half interest in the trust estate devised in Item 3 of the will of Samuel F. Patterson, subject only to the provisions of the trust postponing the time of full enjoyment thereof? This is the primary question posed by this appeal. Since the widow, Nancy P. Patterson, is now dead and her interest in the trust estate has terminated, we may discuss...

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