STARLING v. TAYLOR

No. 68SC43.

161 S.E.2d 204 (1968)

1 N.C. App. 287

Homer C. STARLING, Trustee, and Ruth I. Page and Wachovia Bank & Trust Company, Successor Trustees under an agreement with B. F. Page, v. Elizabeth Page TAYLOR and husband, Melvin B. Taylor, Frank Page Taylor and wife, Linda Tart Taylor, Helen Page Gaither and husband, John G. Gaither, Betty Page Gaither Halter and husband Gerald William Halter, Margaret Page Gaither and Wright T. Dixon, Jr., Guardian Ad Litem for Sue Page Taylor, a minor, John B. Gaither, Jr., a minor, Mary Helen Gaither, a minor, William Wiley Gaither, II, a minor, Frank Page Taylor, Jr., a minor, and such other unknown or unborn person who may be interested in the said Trust Estate.

Court of Appeals of North Carolina.

May 22, 1968.


Attorney(s) appearing for the Case

Joyner & Howison, Raleigh, for plaintiffs appellees.

Lassiter, Leager & Walker, Raleigh, for Elizabeth Page Taylor and Helen Page Gaither, appellees.

Bailey, Dixon & Wooten, Raleigh, for Wright T. Dixon, Jr., Guardian Ad Litem, appellant.


MORRIS, Judge.

Although portions of the original trust indenture are set out in the facts, the indenture itself is not before the Court for construction. We, therefore, consider it only as the instruments before us for construction relate to it.

We must first determine what legal effect, if any, is to be given to the memorandum of agreement executed on 23 December 1946, purporting to extend the original trust indenture for 10 years beyond its stated date of...

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