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PARKER v. PARKER

No. 241.

113 S.E.2d 899 (1960)

252 N.C. 399

Elizabeth E. PARKER, J. D. Parker, C. J. Parker and Beatrice P. Meares, v. C. J. PARKER, Jr. and wife, Hazel W. Parker, Harold K. Parker and wife, Patricia H. Parker, Alton M. Parker and wife, Cathy Parker, Marian P. Harrell and husband, Walter Harrell, Donald G. Parker, Mary Louise P. Eason and husband, Dallas Eason, Branch Banking & Trust Company, Inc., Substitute Trustee, and the Unborn Children of Cheshire J. Parker.

Supreme Court of North Carolina.

April 27, 1960.

Attorney(s) appearing for the Case

John Webb and Gardner, Connor & Lee, Wilson, for plaintiffs, appellants.

Charles H. Dorsett, Troy, and Smith, Leach, Anderson & Dorsett, Raleigh, for appealing defendants, who are also appellees on plaintiffs' appeal.

Lucas, Rand & Rose and Naomi E. Morris, Wilson, for Branch Banking & Trust Co., Inc., substitute trustee, appellee.

Carroll W. Weathers, Jr., Wilson, guardian ad litem for Donald G. Parker and Mary Louise P. Eason, appellees.

Allen W. Harrell, Wilson, guardian ad litem for the unborn children of Cheshire J. Parker, appellees.

MOORE, Justice.

No devise or grant of a future interest in property is valid unless the title thereto must vest, if at all, not later than twenty-one years, plus the period of gestation, after some life or lives in being at the time of the creation of the interest. If there is a possibility such future interest may not vest within the time prescribed the gift or grant is void. McPherson v. First & Citizens Nat. Bank, 240 N.C. 1...

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