CITY OF WASHINGTON v. ELLSWORTH

No. 18.

116 S.E.2d 167 (1960)

253 N.C. 25

CITY OF WASHINGTON v. Gladys ELLSWORTH, Madeline E. Edens and husband, Francis L. Edens; H. Kirkwood Ellsworth and wife, Louise Ellsworth; Dornton G. Ellsworth and wife, Naomi L. Ellsworth; Marelyn Greene and husband, George C. Greene, Jr.; John H. Bonner, Trustee; Rebecca V. Ellsworth, Lee Shamburger Ellsworth, Rebecca Harvey Ellsworth, Carol Winn Ellsworth.

Supreme Court of North Carolina.

September 21, 1960.


Attorney(s) appearing for the Case

Robert W. Arnold, Jr., Waverly, Va., Allsbrook, Benton & Knott, Roanoke Rapids, for appellants.

Rodman & Rodman, Washington, for appellees.


DENNY, Justice.

The first question for determination on this appeal is whether the trustor, an appellee herein, revoked the interest of William T. Ellsworth and his heirs and assigns by the execution and registration of the instrument dated 29 January 1946, the pertinent parts of which are hereinabove set out.

Those parts of G.S. § 39-6 pertinent to the present inquiry are as follows: "The grantor, maker or trustor who has heretofore created or may hereafter...

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