WACHOVIA BANK & TRUST COMPANY v. TALIAFERRO

No. 390.

97 S.E.2d 776 (1957)

246 N.C. 121

WACHOVIA BANK & TRUST COMPANY, Administrator c.t.a., d.b.n. of Frank Julius Liipfert, Deceased, and Wachovia Bank & Trust Company, Successor Trustee under the will of Frank Julius Liipfert, Deceased, v. Theo Liipfert TALIAFERRO, Miles Christopher Horton, Jr., and his wife, Ruth Cline Horton, Frank Liipfert Horton, Julia Caroline Horton, a minor, Miles Christopher Horton, Jr., Guardian ad litem for Julia Caroline Horton, a minor; and William S. Mitchell, Guardian ad litem for unborn persons.

Supreme Court of North Carolina.

May 1, 1957.


Attorney(s) appearing for the Case

Hayes & Wilson, Winston-Salem, for defendants-appellants.

Womble, Carlyle, Sandridge & Rice, Winston-Salem, for plaintiff-appellee.

Ratcliff, Vaughn, Hudson, Ferrell & Carter, Winston-Salem, for Theo Liipfert Taliaferro, appellee.

William S. Mitchell, Winston-Salem, guardian ad litem for unborn persons.


DENNY, Justice.

The appellants present for our consideration and determination the following question: Did the trial court err in its findings of fact and conclusion that the trust created by the will of Frank Julius Liipfert terminated at the death of Cora Hamlen Liipfert?

The paramount aim in the interpretation of a will is to ascertain if possible the intent of the testator. In our effort to ascertain the testator's intent we must consider the instrument...

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