CLARK v. CONNOR

No. 239.

117 S.E.2d 465 (1960)

253 N.C. 515

James J. CLARK, Jr. v. Henry Groves CONNOR, as the Executor of the Estate of Susan W. Clark; W. T. Clark, Jr., and wife, Nancy C. Clark; Mary Clark Hussey Carwile and husband, L. B. Carwile; Bessie Clark Hancock Hackney and husband, George Hackney; Elizabeth Clark David Flowers and husband, W. B. Flowers; W. T. Clark III and wife, Joan Clark; Inez Wood; Jay Clark; Branch Banking & Trust Company; Charles H. Hackney, Elizabeth Connor Hackney, Mary Clark Hackney, G. Thomas Davis, Jr., David Clark Davis, Susanne Clark Flowers, W. B. Flowers, Jr., Raymond Clark, and the unborn descendants of W. T. Clark, Jr., and Mary Clark Hussey Carwile; and Robert G. Webb, Guardian Ad Litem of all minors and unborn descendants of W. T. Clark, Jr., and Mary Clark Hussey Carwile; and Nancy Johnson Hackney and George Hackney, Jr.

Supreme Court of North Carolina.

December 14, 1960.


Attorney(s) appearing for the Case

Battle, Winslow, Merrell, Scott & Wiley, Rocky Mount, John Webb, W. D. P. Sharpe, Jr., Wilson, for plaintiff.

Lucas, Rand & Rose, Gardner, Connor & Lee, Robert G. Webb, Wilson, for defendants.


WINBORNE, Chief Justice.

The pivotal question involved on this appeal as stated by defendants is this: "Does the Will of J. J. Clark bequeath and devise his estate to his wife absolutely and in fee simple, or does it create a trust?"

The trial court was of opinion that the will created a trust for the benefit of the widow and children, and so held. In this ruling this Court is constrained to hold that there is error. The language used manifestly vested the...

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