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BANNER v. NORTH CAROLINA NATIONAL BANK

No. 697.

146 S.E.2d 89 (1966)

266 N.C. 337

C. W. BANNER, Jr., as Executor and Trustee under the Last Will and Testament of C. W. Banner, Deceased, and C. W. Banner, Jr., Individually, v. NORTH CAROLINA NATIONAL BANK (formerly Security National Bank of Greensboro, Trustee for Charles Whitlock Banner, Jr., Josephine Engle Banner, Robert Glenn Banner, William Fawcett Banner, and Daniel Whitlock Banner and Josephine Engle Banner, Individually, Robert Glenn Banner, Individually, William Fawcett Banner, Individually, and Daniel Whitlock Banner, Individually, and Elizabeth Young Banner, Beneficiaries under the Will of C. W. Banner, Deceased.

Supreme Court of North Carolina.

January 14, 1966.

Attorney(s) appearing for the Case

Frazier & Frazier, Smith, Moore, Smith, Schell & Hunter, Greensboro, for plaintiff appellant.

D. Newton Farnell, Jr., Greensboro, for defendant Elizabeth Young Banner, appellee.

Bryce R. Holt, Greensboro, attorney for Guardian Ad Litem and for Josephine Engle Banner and Robert Glenn Banner, defendant appellees.

HIGGINS, Justice.

The judgment appealed from held invalid and of no effect the codicil giving the executor power to select the "charity organization" to receive the gift of the home on North Elm Street as contemplated by the codicil dated November 1, 1955. The validity of the judgment holding the codicil invalid is the only question presented on this appeal.

The appellees successfully contended that the codicil is...

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