MORRELL v. BUILDING MANAGEMENT

No. 593.

84 S.E.2d 910 (1954)

241 N.C. 264

William C. MORRELL v. BUILDING MANAGEMENT, Inc. and Eastern Motors, Inc.

Supreme Court of North Carolina.

December 15, 1954.


Attorney(s) appearing for the Case

Kellum & Humphrey and McClelland & Burney, Wilmington, for plaintiff appellant.

Hogue & Hogue, Wilmington, for appellee Building Management, Inc.


BARNHILL, Chief Justice.

This cause was tried in the court below on the theory that the testator devised to his two sons an estate in remainder— either vested or contingent. The plaintiff contended that whatever estate was devised was contingent, as to each son, upon whether he survived the trust, and that since plaintiff's father died prior to the expiration of the trust, he took nothing under the will; that the words "or their heirs" created another class...

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