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MATHESON v. AMERICAN TRUST COMPANY

No. 242.

100 S.E.2d 77 (1957)

246 N.C. 710

Beulah T. MATHESON v. AMERICAN TRUST COMPANY, Trustee under the Last Will and Testament of James Pleasant Matheson, deceased; Nell Coffey Linney, Administratrix c. t. a. of the Estate of Baxter M. Linney, deceased; Nell Coffey Linney, Margaret Linney Coffey, Mary Frances Linney Brewer, Kenneth Bogle Linney; Mamie Lee Matheson, Administratrix of the Estate of Robert Atwell Matheson, deceased; Mamie Lee Matheson; Glenn Holland, Executor of the Estate of Lillian Matheson Holland, deceased; Glenn Holland, Robert Glenn Holland, Lucile Matheson Abernethy, Mary Ayres Payne Campbell, William Matheson Payne, and those unknown and unborn persons who may hereafter, by either birth or adoption fall within the class designated by James Pleasant Matheson, deceased, in his Will as "my nieces and nephews" prior to the death of the plaintiff, Beulah T. Matheson.

Supreme Court of North Carolina.

October 16, 1957.

Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman, Charlotte, by W. T. Covington, Jr., Charlotte, for plaintiff, appellant.

Harry C. Hewson, Charlotte, for Guardian ad Litem, appellant.

Taliaferro, Grier, Parker & Poe, Charlotte, by Joseph W. Grier, Jr., Sydnor Thompson, Charlotte, for defendant Nell Coffey Linney, appellee.

Charles W. Campbell, Reidsville, for defendants Mary Ayres Payne Campbell and William M. Payne, appellees.

Scott, Collier & Nash, Statesville, by Robert A. Collier, Statesville, for defendant Lucile M. Abernethy, appellee.

Deal, Hutchins & Minor, Winston-Salem, by Roy L. Deal, Winston-Salem, for defendants Margaret Linney Coffey, Mary Frances Linney Brewer, and Kenneth Bogle Linney, appellees.

Raymer & Raymer, Statesville, by A. B. Raymer, Statesville, for defendants Glenn Holland and Robert Glenn Holland, appellees.

Harry R. Stanley, Greensboro, for defendant Mamie Lee Matheson, appellee.

HIGGINS, Justice.

Stripped of its nonessentials, the question presented is this: Does the plaintiff, Beulah T. Matheson, acquire any right to the income under Items XIII and XVI of the will of James Pleasant Matheson? At the time the will was executed in 1934, and likewise at the time of the testator's death in 1937, W. L. Matheson and his wife, Fairy Porter Hurd Matheson, lived in Mooresville, North Carolina. They had lived together since their marriage in 1900....

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