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FIRST UNION NAT. BANK OF N. C. v. FOSTER

No. 7415SC978.

213 S.E.2d 355 (1975)

25 N.C. App. 430

FIRST UNION NATIONAL BANK OF NORTH CAROLINA, Executor of the Estate of William Stafford Foster, Sr., Petitioner, v. Hazel Howard FOSTER et al., Respondents.

Court of Appeals of North Carolina.

April 16, 1975.

Attorney(s) appearing for the Case

Allen, Allen & Bateman by Louis C. Allen, Jr., and J. Kent Washburn, Burlington, for petitioner appellee.

Norman B. Smith, Greensboro, for respondents appellees Margaret Joan Foster Young and Martha Jean Foster Nuckles.

Smith, Moore, Smith, Schell & Hunter by Ben F. Tennille, Greensboro, for respondent appellee William Stafford Foster, Jr.

Sanders, Holt, Spencer & Longest by Frank A. Longest, Jr., Burlington, for respondent appellant.

VAUGHN, Judge.

Since few wills are alike, neither further reproduction here of the lengthy document in question nor a recital of the familiar rules of construction would provide substantial guidance in future cases.

It appears testator intended that each child's share of the "residuary trust" should vest at testator's death with only the right to distribution and full enjoyment being postponed until their attainment of ages 35, 40 and 45.

The question...

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