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WACHOVIA BANK & TRUST CO. v. GREEN

No. 115.

73 S.E.2d 879 (1953)

236 N.C. 654

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

Supreme Court of North Carolina.

January 6, 1953.

Attorney(s) appearing for the Case

George H. Wright, Asheville, for Wachovia Bank & Trust Co. and Marion Green Johnston, executors, appellants.

Harkins, Van Winkle, Walton & Buck, Asheville, for defendant-appellant, Effie M. Green.

Hudgins & Adams, Greensboro, for defendants-appellees, Aileen Morel Johnston, and John Devereaux Johnston, guardian ad litem for John Devereaux Johnston, Jr.

Williams & Williams, Asheville, for defendants Ottis Green, Jr., and Virginia F. Green, guardian ad litem of Laura Adelaide Green, Mary Virginia Green and Michael Joseph Green.

John C. Cheesborough, Asheville, guardian ad litem for persons not now in esse who may hereafter acquire an interest in the estate of Gay Green, deceased.

DEVIN, Chief Justice.

Gay Green died in June 1951, leaving an estate valued at more than four million dollars, all of which he disposed of according to the terms of his will. He was survived by his widow Effie M. Green, who elected not to take under the will, and, within the time and in the manner provided by law, signified her formal dissent therefrom. There were no children born of the marriage and the next of kin and principal beneficiaries under the will were...

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