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NORTH CAROLINA NATIONAL BANK v. NORRIS

No. 7410SC224.

203 S.E.2d 657 (1974)

21 N.C. App. 178

NORTH CAROLINA NATIONAL BANK, Executor of the Will of Thomas A. Norris, Jr. v. Thomas A. NORRIS, III, et al., a minor.

Court of Appeals of North Carolina.

April 3, 1974.

Attorney(s) appearing for the Case

Lassiter & Walker by James H. Walker, Raleigh, for plaintiff-appellee.

Walton K. Joyner, Raleigh, Guardian Ad Litem, for defendant-appellant.

PARKER, Judge.

The common-law rule against perpetuities has been long recognized and enforced in this jurisdiction, and its application has the continuing sanction of Article I, Section 34 of our State Constitution. This rule, which is "not one of construction but a positive mandate of law to be obeyed irrespective of the question of intention," Mercer v. Mercer, 230 N.C. 101, 52 S.E.2d 229, has been stated by our Supreme...

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