SHOUP v. AMERICAN TRUST COMPANY

No. 246.

97 S.E.2d 111 (1957)

245 N.C. 682

Frank SHOUP v. AMERICAN TRUST COMPANY, a corporation, Executor and Trustee of the Estate of Curtis B. Johnson, Deceased, George Lee, S. M. Lee, Jr., and Harry Lee. D. Watson SMITH v. AMERICAN TRUST COMPANY, a corporation, Executor and Trustee of the Estate of Curtis B. Johnson, Deceased, George Lee, S. M. Lee, Jr., and Harry Lee. C. W. WALLACE v. AMERICAN TRUST COMPANY, a corporation, Executor and Trustee of the Estate of Curtis B. Johnson, Deceased, George Lee, S. M. Lee, Jr., and Harry Lee.

Supreme Court of North Carolina.

March 27, 1957.


Attorney(s) appearing for the Case

Carswell & Justice, B. Kermit Caldwell, Charlotte, for plaintiffs.

Helms & Mulliss, John D. Hicks, Charlotte, for American Trust Co.

Taliaferro, Grier, Parker & Poe, and Covington & Lobdell, Charlotte, for defendants S. M. Lee, Jr. and Harry Lee.

Cochran, McCleneghan & Miller, Charlotte, for defendant George Lee.


DENNY, Justice.

The appellants seriously contend that the plaintiffs, being only part-time help, were not "employees of The Charlotte Observer" within the meaning of the will of Curtis B. Johnson and, therefore, the trial court erred in ruling that plaintiffs are entitled to legacies under the provisions of his will, citing Schouler on Wills (5th Ed.), Vol. 1, section 566a; Page on Wills, Lifetime Edition, Vol. 3, section 1035; Rood on Wills, section 460; Metcalf...

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