FORD v. SECURITY NATIONAL BANK OF GREENSBORO

No. 379.

105 S.E.2d 421 (1958)

249 N.C. 141

Betty Marie Miller FORD v. SECURITY NATIONAL BANK OF GREENSBORO, North Carolina, Guardian for Charlie W. Miller, Incompetent, Albert W. Miller, Effie Miller Bare, Jennie Miller Smith, and Bessie Miller Smith.

Supreme Court of North Carolina.

November 5, 1958.


Attorney(s) appearing for the Case

Bowie, Bowie & Vannoy, West Jefferson, for petitioner-appellee.

W. B. Austin, Jefferson, for respondent-appellees.

Cooke & Cooke, Greensboro, for guardian for Charlie W. Miller, incompetent.


RODMAN, Justice.

The assignments of error do not challenge the impoverished condition of the children nor the adequacy of the incompetent's estate to make the payments as directed without endangering his prior right to support.

The guardian's position is that the evidence demonstrates that an advancement made to any child would be wasted unless properly secured by court order and for that reason the payment ordered is not for the better promotion or advancement...

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