de LOTBINIERE v. WACHOVIA BANK AND TRUST COMPANY

No. 68SC225.

163 S.E.2d 59 (1968)

2 N.C. App. 252

Alain C. de LOTBINIERE (also known as Edmond Joly de Lotbiniere, and correctly designated as Alain Chartier Edmond Joly de Lotbiniere), Mary de Lotbiniere MacKay, Madeleine de Lotbiniere Widawska, Richard C. Temple, Anthony Temple, and Mary Agnes de Lotbiniere, Petitioners, v. WACHOVIA BANK AND TRUST COMPANY, Trustee under the Will of W. J. Slayden et al., Respondents.

Court of Appeals of North Carolina.

September 18, 1968.


Attorney(s) appearing for the Case

John S. Stevens, Asheville, guardian ad litem for minor respondents and all unborn issue of Mary Agnes de Lotbiniere, appellants.

Womble, Carlyle, Sandridge & Rice, by W. P. Sandridge, Jr., Winston-Salem, for Mary Agnes de Lotbiniere, appellee.

Van Winkle, Buck, Wall, Starnes & Hyde, by Roy W. Davis, Jr., Asheville, for respondent, Wachovia Bank and Trust Co., trustee.


MORRIS, Judge.

Two questions are presented by this appeal: (1) Is the 1936 judgment, adjudging that the children of Mary Agnes de Lotbiniere together with Richard and Anthony Temple, have a vested interest in the estate of W. J. Slayden, valid and binding upon the minor respondents and all unborn issue of Mary Agnes de Lotbiniere? and (2) Did the court err in making distribution of income?

The guardian ad litem strenuously contends that present minor...

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