CANSLER v. McLAUGHLIN

No. 523.

77 S.E.2d 618 (1953)

238 N.C. 197

CANSLER v. McLAUGHLIN et al.

Supreme Court of North Carolina.

September 23, 1953.


Attorney(s) appearing for the Case

McDougle, Ervin, Horack & Snepp, Frank W. Snepp, Tillett, Campbell, Craighill & Rendleman, H. B. Campbell, Charlotte, for defendants Catherine Cansler McLaughlin and others, appellants.

John S. Cansler, petitioner-appellee, in propria persona.

Robinson & Jones, Charlotte, for defendants Sarah Cansler Carroll and Jean Carroll Biggerstaff, appellees.

W. T. Covington, Jr., Charlotte, guardian ad litem for unborn children of John S. Cansler and Sarah Cansler Carroll, appellee, in propria persona.

B. Irvin Boyle, Charlotte, guardian ad litem for Anne Cave McLaughlin and others, appellee, in propria persona.


JOHNSON, Justice.

The judgment entered below adjudges in effect (1) that the testator's gift to his daughter, Sarah Cansler Carroll, of the first $3,600 of annual income from the trust estate was to continue for her lifetime rather than until her daughter, Jean Carroll Biggerstaff, reached 25 years of age, and (2) that there can be no distribution of the corpus of the trust estate until after the death of the testator's daughter, except by voluntary action of a majority...

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