STELLINGS v. AUTRY

No. 166.

126 S.E.2d 140 (1962)

257 N.C. 303

Bereniece Bailey STELLINGS, Audrienne Bailey Autry and husband, J. Murchison Autry, George Bailey Autry (single), Isabel Stellings Holmes and husband, E. Mayo Holmes, Jr., Princess Stellings Williams and husband, Edward S. Williams, Jr. v. Audrienne Isabel Bailey AUTRY, E. Mayo Holmes, III, Mark R. Holmes, S. Gregory Holmes, Christopher A. Holmes, Lauraine B. Holmes, Princess Ann Williams, Martha M. Williams, Edward S. Williams, III, The Unborn Descendants of George W. Bailey, and Wachovia Bank & Trust Company, Trustee Under the Will of George W. Bailey.

Supreme Court of North Carolina.

June 15, 1962.


Attorney(s) appearing for the Case

Poisson, Marshall, Barnhill & Williams, Wilmington, for defendant Wachovia Bank & Trust Company and defendant Napoleon Barefoot, guardian ad litem, appellants.

Carter, Murchison, Fox & Newton, Wilmington, for plaintiffs-appellees.


BOBBITT, Justice.

With reference to Trust No. 1, the provisions of the will as construed by the trustee are not materially affected by the alleged family settlement agreement. Each of the two daughters received 20% of the income of Trust No. 1 until the death of their mother; and since then each has received and will continue to receive for life 25% of the income thereof. Too, upon the death of each daughter, the income she would receive if living is to be paid to...

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