WHITE v. WACHOVIA BANK AND TRUST COMPANY

No. C-52-WS-65.

251 F.Supp. 155 (1966)

Robert Norfleet WHITE, Marshall Gill White, Jr., Lucy S. White Cook, Mary Norfleet White Cook, Mary Norfleet Cook, Lucius Pinckney Cook, III, a Minor, Lucy Shepherd Cook, a Minor, and Ellen Shepherd Kimbrough, a Minor, by their Next Friend, Lucius Pinckney Cook, Jr., and Board of World Missions of the Presbyterian Church in the United States, Plaintiffs, v. WACHOVIA BANK AND TRUST COMPANY, Trustee under the Will of Robert C. Norfleet, Ellen Shepherd Potter, Robert Edward Potter, Mary Shepherd Smoot, James R. Shepherd, Mary S. Dempsey, Robert V. Brawley, Guardian ad litem for James Edward Shepherd Dempsey, a Minor, Barium Springs Home for Children, Ralph E. Goodale, Guardian ad litem for the Unborn Issue of Mary Norfleet Shepherd (Deceased) other than the Unborn Issue of Lucy Shepherd White, and J. Clifton Harper, Guardian ad litem for the Unborn Issue of Lucy Shepherd White (Deceased), Defendants.

United States District Court M. D. North Carolina, Winston-Salem Division.

March 4, 1966.


Attorney(s) appearing for the Case

Walter R. Jones, Jr., of Blackwell, Blackwell, Canady, Eller & Jones, Winston-Salem, N. C., for plaintiffs.

Weston P. Hatfield and C. Edwin Allman, Jr., of Hatfield & Allman, Calder W. Womble, of Womble, Carlyle, Sandridge & Rice, Robert V. Brawley, of Craige, Brawley, Lucas & Horton, Ralph E. Goodale and J. Clifton Harper, Winston-Salem, N. C., for defendants.


EUGENE A. GORDON, District Judge.

This action was brought by the plaintiffs to have the Court construe certain provisions of the will of Robert C. Norfleet, in particular, the manner of distribution of the share of income of Edward M. Shepherd, a beneficiary of the testamentary trust established by the will, among his surviving brother and sisters or their legal representatives.

A jury trial was waived, and the matter was heard by the Court sitting without...

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