FARNAN v. FIRST UNION NAT. BANK

No. 239.

139 S.E.2d 14 (1964)

263 N.C. 106

Frank X. FARNAN, Jr., Mary F. Arnold, Rebecca F. Hunter, Dorothy F. Darrocott, v. FIRST UNION NATIONAL BANK, as Executor and Trustee under the Will of Joseph Jenkins Farnan, Deceased, Vincent S. Waters, as Bishop of the Roman Catholic Diocese of Raleigh, North Carolina.

Supreme Court of North Carolina.

November 25, 1964.


Attorney(s) appearing for the Case

Clayton & London, Charlotte, for plaintiffs.

Harkey, Faggart, Coira & Fletcher, Charlotte, for defendant First Union National Bank, executor and trustee.

Bradley, Gebhardt, DeLaney & Millette, Charlotte, Francis J. Heazel and Joseph C. Gaither, Asheville, for defendant Vincent S. Waters.


MOORE, Justice.

This appeal presents for discussion and decision two questions or propositions.

(1) Plaintiffs make the following contentions: The provisions of the will are vague and uncertain in that it contains no guide, formula or instructions by which testator's wishes with respect to the Roman Catholic Church of the Diocese of North Carolina (hereinafter "church") might be carried out or the time within which the specified conditions imposed must be...

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