WACHOVIA BANK & TRUST COMPANY v. McEWEN

No. 533.

84 S.E.2d 642 (1954)

241 N.C. 166

The WACHOVIA BANK & TRUST COMPANY, Executor and Trustee under the Last Will and Testament of Carl J. McEwen, Deceased, v. Minnie Bell McEWEN, Frances M. Hunter, Mary M. Ellington, Helen M. Anderson, Betty W. McEwen, Carl McEwen Ellington, a minor; Jean Hunter, a minor; Susan Hunter, a minor; Judith Anderson, a minor; Joyce Anderson, a minor; the unborn issue of Frances M. Hunter; the unborn issue of Mary M. Ellington; the unborn issue of Helen M. Anderson; the unborn issue of Betty M. McEwen; L. M. McEwen, Sr.; L. M. McEwen, Jr.; Mary Kathryn McEwen, a minor; L. M. McEwen, III, a minor; James Webb McEwen, a minor; Herbert L. McEwen, a minor; Carol Elizabeth McEwen, a minor; Margaret Elaine McEwen, a minor; Robert J. McEwen; and all other persons whose names are unknown, in being or who may be in being at the time of the death of Minnie Bell McEwen and who have, or may have any interest in the Estate of Carl J. McEwen, deceased.

Supreme Court of North Carolina.

November 24, 1954.


Attorney(s) appearing for the Case

B. Irvin Boyle and John Schuber, Jr., Charlotte, guardians ad litem.

McDougle, Ervin, Horack & Snepp, Charlotte, for appellee.


DENNY, Justice.

The appellants contend that the judgment of the court below is erroneous. They insist that the remainder interests of Frances M. Hunter, Mary M. Ellington, Helen M. Anderson, and Betty W. McEwen are contingent upon their surviving the life tenant, and that the dissent of the widow did not accelerate the vesting of such interests. We do not concur in this view.

Barnhill, J., now Chief Justice, speaking for this Court in Priddy & Co. v. Sanderford...

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