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FINKE v. FIRST CITIZENS BANK AND TRUST COMPANY

No. 313.

103 S.E.2d 466 (1958)

248 N.C. 370

Margaret E. Hardy FINKE and husband, Robert A. Finke, and J. A. Jones, Trustee, v. FIRST CITIZENS BANK AND TRUST COMPANY, Executor and Trustee; Harry L. Harris and wife, Hazel Hardy Harris; R. H. Hardy and wife, Dorothy Murrill Hardy; Elsie Hardy Thiel and husband, W. J. Thiel; Lula Hardy Privette and husband, W. B. Privette; Mary Hardy Souders and husband, R. G. Souders; E. A. Hardy and wife, Carrie Ray Hardy, and Mollie Elizabeth Hardy, Widow.

Supreme Court of North Carolina.

May 21, 1958.

Attorney(s) appearing for the Case

Owens & Langley and Jones, Reed & Griffin, Kinston, for plaintiff, appellant.

Wallace & Wallace and William F. Simpson, Kinston, for defendant First Citizens Bank and Trust Co., appellee.

JOHNSON, Justice.

The trial court in construing the will concluded that the testator's dominant intent was to care for his surviving widow, Mollie Elizabeth Hardy, and that in order to carry out this intent the trust estate must be held intact by the Trustee during the life of the widow, notwithstanding the inconsistent provisions appearing in Item II, Sec. 4, of the will, to the effect that as and when a child arrives at the age of twentyfive, he or she shall then...

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