CENTRAL CAROLINA BANK & TRUST COMPANY, Trustee of the "Thomas L. Shepherd Fund" under the Last Will and Testament of W. T. Shepherd, Deceased, Petitioner,
v.
Elizabeth O'Kelly BASS et al., Respondents.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
August 27, 1965.
August 27, 1965.
Attorney(s) appearing for the Case
Clark & Clark, Fayetteville, for Nancy Campbell Kennedy, respondent, appellee.
Bryant, Lipton, Bryant & Battle, Durham, for Imogene O'Kelly Smith, Virginia O'Kelly Nichols, Martha O'Kelly Brockett, Leslie E. Martin, Jr., Thomas Lindsey, Doris Moore Lindsey, and Carma Martin Earley, respondents, appellees.
W. J. Brogden, Jr., Durham, respondent, appellee, guardian ad litem for Marion Eugene Duckworth and Cathy Yvonne Duckworth, minors.
Thomas H. Lee, Durham, respondent, appellee, guardian ad litem for Joy Martin, minor.
Hofler, Mount & White, William O. King, Durham, for Elizabeth O'Kelly Bass, Gaynelle O'Kelly Bunting, Naomi S. Tillett and Cornelia S. Shepherd, executrix of the estate of John H. Shepherd, Jr., respondents, appellants.
Haywood, Denny & Miller, Durham, for Sallie Beavers, Ella Mae Beavers Belvin, Theodore Campbell, Thelma C. Hall, and H. Raymond Weeks, Jr., executor of the estate of Elsie Beavers Weeks, respondents, appellants.
Nye, Winders & Mitchell, Durham, for Annie Moore Shepherd Dennis, respondent, appellant.
Nick Galifianakis and Roger S. Upchurch, Durham, for Arthur Earl Lucas, individually and as executor of the estate of Thomas L. Shepherd, respondent, appellant.
Supreme Court of North Carolina.
SHARP, Justice.
The disposition of the remainder of the Thomas L. Shepherd Fund after the death of the life beneficiary depends upon the answer to three questions: (1) When testator directed the trustee to distribute the remainder as then constituted "to my next of kin," did he mean his nearest of kin or those who would take from him under the statute of distributions? (2) Did testator intend to include Annie Moore Shepherd Dennis, whom he described in his will as...
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