IMPERIAL TOBACCO GROUP LTD. v. PEOPLES BANK & TR. CO.

No. 697SC556.

171 S.E.2d 807 (1970)

7 N.C. App. 202

IMPERIAL TOBACCO GROUP LIMITED v. PEOPLES BANK AND TRUST COMPANY OF ROCKY MOUNT, North Carolina, Administrator of the Estate of J. A. Taylor, Helene Griffin Taylor, Joseph Steven Taylor, a Minor, and Peoples Bank and Trust Company of Rocky Mount, North Carolina, Guardian of Joseph Steven Taylor.

Court of Appeals of North Carolina.

February 4, 1970.


Attorney(s) appearing for the Case

Lucas, Rand, Rose, Meyer & Jones, by David S. Orcutt, Wilson, for petitioner appellee.

Spruill, Trotter & Lane, by Charles M. Brown, Jr., Rocky Mount, for respondent appellant.


PARKER, Judge.

When J. A. Taylor died, the pension plan was in full force as a binding contract obligating petitioner to perform its promises as set forth therein. One of these was that "(i)n the event of the death in service of a Member who has been married for more than twelve months and who has completed three years of Pensionable Service, his widow shall be entitled to a pension. * * *" At his death J. A. Taylor met these conditions. The superior court has concluded...

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