McQUEEN v. BRANCH BANKING & TRUST CO.

No. 676.

68 S.E.2d 831 (1952)

234 N.C. 737

McQUEEN et al. v. BRANCH BANKING & TRUST CO. et al.

Supreme Court of North Carolina.

February 1, 1952.


Attorney(s) appearing for the Case

N. H. Person, Malcolm McQueen, Clark & Clark, and Robert H. Dye, all of Fayetteville, for plaintiffs.

McLean & Stacy, Lumberton, for W. E. McArthur and wife, Bessie McArthur, and W. E. McArthur, as trustee.

N. H. McGeachy, Jr., and Nance & Barrington, all of Fayetteville, for other defendants named.


BARNHILL, Justice.

Is the devise in trust contained in the will of Annie McArthur too uncertain, vague, and indefinite to be enforceable, or does it offend the rule against perpetuities, or does it constitute an unlawful and unreasonable restraint against alienation? These are the three questions posed by the appeal of the defendants.

The plaintiffs take the position that the provision in the will that the trust shall continue for a period of twenty-five years...

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