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O'NEIL v. O'NEIL

No. 536.

155 S.E.2d 495 (1967)

271 N.C. 106

Eleanor B. O'NEIL, Fraser Knight O'Neil, and the Citizens Bank and Trust Company of Southern Pines, Executor and Trustee under the Will of John C. Barron, Deceased v. Michelle O'NEIL, Molly O'Neil and Michael O'Neil, Minors and the Unborn Issue of Eleanor B. O'Neil.

Supreme Court of North Carolina.

July 24, 1967.

Attorney(s) appearing for the Case

Boyette & Brogden, Carthage, and Hoyle & Hoyle, Sanford, for plaintiff appellees Eleanor B. O'Neil and Fraser Knight O'Neil.

Leath, Bynum, Blount & Hinson, Rockingham, for plaintiff appellee The Citizens Bank and Trust Company of Southern Pines.

William D. Sabiston, Jr., Carthage, for defendant appellant P. H. Wilson, Guardian Ad Litem.

BOBBITT, Justice.

There are material limitations upon the right to alter the terms of a testamentary trust by a family settlement agreement. Carter v. Kempton, 233 N.C. 1, 62 S.E.2d 713; Redwine v. Clodfelter, 226 N.C. 366, 38 S.E.2d 203; Wachovia Bank & Trust Co. v. Buchan, 256 N.C. 142, 123 S.E.2d 489; Stellings v. Autry,

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