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CABARRUS BANK AND TRUST COMPANY v. FINLAYSON

No. 8132.

286 F.2d 251 (1961)

CABARRUS BANK AND TRUST COMPANY, as Surviving Executor and Trustee under the Last Will and Testament of Emma F. Whitman, deceased, Defendant, and Arthur Lee Padgett, Jr., and First & Merchants National Bank of Richmond, Virginia, as Executors and Trustees under the Last Will and Testament of Norwood K. Whitman, deceased, Defendants-Interveners, Appelpellants, v. H. Lee FINLAYSON, Jr., Plaintiff, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 6, 1961.

Attorney(s) appearing for the Case

William J. Adams, Jr., Greensboro, N. C. (Robert H. Patterson, Jr., Richmond, Va., Adams, Kleemeier & Hagan, Greensboro, N. C., and McGuire, Eggleston, Bocock & Woods, Richmond, Va., on the brief) for appellants Arthur Lee Padgett, Jr., and others.

E. T. Bost, Jr., (W. H. Beckerdite, Concord, N. C., on the brief) for appellant Cabarrus Bank and Trust Co.

Beverly C. Moore, Greensboro, N. C. (Richmond G. Bernhardt, Jr., Greensboro, N. C., Charles Lathrop Reed, John W. Edmonds, III, Richmond, Va., Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., and Tucker, Mays, Moore & Reed, Richmond, Va., on the brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

SOPER, Circuit Judge.

This case calls for the interpretation of certain provisions of the will of Hattie Lee Finlayson of Goldsboro, Wayne County, North Carolina, who died in 1925, whereby the testatrix devised and bequeathed certain property to her daughter, Emma Finlayson (Cannon) Whitman, but specifically provided that if her daughter should die without children the property left to her would be divided amongst the children of the son of the testatrix, H. Lee Finlayson...

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