KEESLER v. NORTH CAROLINA NATIONAL BANK

No. 251.

122 S.E.2d 807 (1961)

256 N.C. 12

Jane Moore KEESLER and Herman A. Moore, Jr. v. NORTH CAROLINA NATIONAL BANK, a corporation; Emmie McConnell Moore Howerton, D. Lacy Keesler, Betty C. Moore, Eric M. Moore, a minor; Herman A. Moore, III, a minor; Leslie H. Moore, a minor; Philip Craig Moore, a minor; Drew L. Keesler, Jr., a minor; James Z. Keesler, a minor; the unborn issue of Jane Moore Keesler, the unborn issue of Herman A. Moore, Jr., and all other persons whose names are unknown, in being or not in being, and who have or may have any interest, present or future, in the assets of the trust now being administered under the Will of Herman A. Moore.

Supreme Court of North Carolina.

December 13, 1961.


Attorney(s) appearing for the Case

Lassiter, Moore & Van Allen, and Robert Lassiter, Jr., Charlotte, for plaintiffs, appellants.

Pierce, Wardlow, Knox & Caudle, and Lloyd C. Caudle, Charlotte, for defendant North Carolina National Bank, appellee.

Cansler & Lockhart and B. Irvin Boyle, Charlotte, for defendant Mrs. Emmie McConnell Moore Howerton, appellee.

Robert L. Hines, Guardian Ad Litem, appellee.


MOORE, Justice.

The trial court adjudged that no portion, principal or income, of the 16,660 shares of stock of Auto Finance Company, referred to in the instrument executed by Emmie McConnell Moore Howerton on 9 February 1960, shall be paid to her by the trustee during her life time. Thus it is adjudged that the instrument is binding upon Mrs. Howerton G.S. § 36-41. No exception was taken to this ruling by any of the parties to the action. Therefore, this is...

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