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GRIFFIN v. FRASER

No. 7820SC244.

251 S.E.2d 650 (1979)

39 N.C. App. 582

Mary Charlotte Nelme GRIFFIN, Bennett M. Edwards, and James A. Hardison, Jr., Administrative Trustee Under Article XXII of the Will of General William A. Smith, and American Bank and Trust Company, Trustee Under Article XXII of the Will of General William A. Smith v. The Right Reverend Thomas A. FRASER, Joseph B. Cheshire, Jr., A. L. Purrington, and Henry D. Haywood, Trustees of the Episcopal Diocese of North Carolina, and Rufus L. Edmisten, Attorney General of North Carolina.

Court of Appeals of North Carolina.

February 6, 1979.

Attorney(s) appearing for the Case

H. P. Taylor, Jr., Wadesboro, for plaintiffs.

Craighill, Rendleman, Clarkson, Ingle & Blythe by J. B. Craighill and William B. Webb, Jr., Charlotte, for defendant Diocese.

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Marilyn R. Rich, Raleigh, for the State.

ROBERT M. MARTIN, Judge.

General William A. Smith died testate 18 April 1934, providing in his holographic will (under Items XXI and XXII of that instrument) for the creation of several trust funds, three of which were to accumulate for 99 years before disbursement of any of the corpus or increment thereon. Items XXI and XXII are set out below:

ITEM XXI. It is my desire to aid the church and education with a part of the worldly goods God has graciously...

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