JOHNSON v. JOHNSON

No. 164.

124 S.E.2d 172 (1962)

256 N.C. 485

Christine C. JOHNSON, Executrix of the Last Will and Testament of T. B. Johnson, and Christine C. Johnson, Individually, v. Fanida Cale JOHNSON.

Supreme Court of North Carolina.

March 7, 1962.


Attorney(s) appearing for the Case

Pritchett & Cooke, By: J. A. Pritchett, Windsor, for defendant, appellant.

Gillam & Gillam, By: M. B. Gillam, Jr., Windsor, for plaintiff, appellee.


HIGGINS, Justice.

The appellant makes two contentions: First: That Fanida Cale Johnson, an afterborn child, is entitled to share in her father's estate, no provision having been made for her in his will. Second, if the court should hold the will manifests the testator's intent that the after-born child should not share in his estate, nevertheless the will creates a trust, and that Christine C. Johnson holds as trustee for the benefit of herself and of any children...

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