SECURITY NATIONAL BANK OF GREENSBORO v. HANNAH

No. 607.

114 S.E.2d 273 (1960)

252 N.C. 556

SECURITY NATIONAL BANK OF GREENSBORO, In Its Own Right, and as Trustee Under the Will of Claude Kiser, Deceased, v. Jean Kiser HANNAH, Martha Jean Hannah, James Hunt Hannah, III, a Minor, Mamie Ann Hannah, a Minor, Richard M. Kiser, And All Persons Not in Esse Who May Take Under the Will of Claude Kiser.

Supreme Court of North Carolina.

May 18, 1960.


Attorney(s) appearing for the Case

E. D. Kuykendall, Jr., Greensboro, as guardian ad litem and for Martha Jean Hannah, defendant-appellants.

York, Boyd & Flynn, Greensboro, for plaintiff-appellee.

Cooke & Cooke, Greensboro, for defendants Jean Kiser Hannah and Richard M. Kiser, appellees.


MOORE, Justice.

The time of termination of the trust is the sole question for decision on this appeal. The solution depends upon the proper interpretation of the first sentence in paragraph 12, Item Fifth, of the will, which reads as follows: "When my youngest living grandchild becomes twenty-one years of age, the trust property then in the hands of the trustee shall be distributed."

Appellees maintain that the trust terminates when the youngest grandchild...

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