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COCKE v. DUKE UNIVERSITY

No. 253.

131 S.E.2d 909 (1963)

260 N.C. 1

Norman A. COCKE et al. v. DUKE UNIVERSITY et al.

Supreme Court of North Carolina.

July 19, 1963.

Attorney(s) appearing for the Case

John S. Cansler and Cansler & Lockhart, Charlotte, for defendants-appellants.

Lassiter, Moore & Van Allen, by Robert Lassiter, Jr., Charlotte, and Perkins, Daniels, McCormack & Collins, New York City, of counsel, for plaintiffs-appellees.

RODMAN, Justice.

Before considering the correctness of the judgment permitting plaintiffs, trustees, to make investments expressly prohibited by the trust indenture, we must dispose of the questions presented by the demurrer filed by defendant Cansler in the Superior Court and the demurrer filed in this Court by defendants Cansler and Walton.

For practical purposes the demurrers present these questions: (1) Does...

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