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JOYNER v. DUNCAN

No. 33.

264 S.E.2d 76 (1980)

299 N.C. 565

Reginald T. JOYNER and Jane Duncan Miller, as Trustees of the Trust under the Will of David Crockett Duncan v. Bessie Lee DUNCAN, Edwin Duncan, Jr., Jane Duncan Miller, Edwin Duncan, III, Katherine Duncan Woodruff, Jane Lee King, Reginald T. Joyner and Jane Duncan Miller, as Administrators, C.T.A. of the Will of Edwin Duncan, Sr., Kathryn K. Hatfield, Guardian ad Litem for Joseph Duncan King, a minor, Bessie Duncan Miller, a minor, and the unborn children of Edwin Duncan, Jr. and Jane Duncan Miller, and Samuel C. Evans, Jr., Guardian ad Litem for the unascertained heirs of Edwin Duncan, III, Katherine Duncan Woodruff, Jane Lee King, Joseph Duncan King, Bessie Duncan Miller, and of any unborn children of Jane Duncan Miller and Edwin Duncan, Jr., and any other persons, born or unborn, having or claiming an interest which would be affected by the declaration in this action.

Supreme Court of North Carolina.

April 1, 1980.

Attorney(s) appearing for the Case

W. G. Mitchell, North Wilkesboro, for defendant-appellants Bessie Lee Duncan, Edwin Duncan, Jr., Jane Duncan Miller and Reginald T. Joyner and Jane Duncan Miller as administrators C.T.A. of the will of Edwin Duncan, Sr.

Hayes, Hayes & Evans, by Samuel C. Evans, Jr., North Wilkesboro, acting as guardian ad litem.

Sam J. Ervin, Jr. and Womble, Carlyle, Sandridge & Rice by Leon L. Rice, Jr. and Elizabeth L. Quick, Winston-Salem, for plaintiff-appellees Reginald T. Joyner and Jane Duncan Miller as trustees of the testamentary trust of David Crockett Duncan.

Sam J. Ervin, Jr., Morganton, and Katherine D. Woodruff, Wilkesboro, for defendant-appellees Edwin Duncan, III, Katherine Duncan Woodruff and Jane Lee King.

COPELAND, Justice.

No devise or grant of a future interest in property is valid unless the title thereto must vest in interest, if at all, not later than twenty-one years, plus the period of gestation, after some life or lives in being at the creation of the interest. Parker v. Parker, 252 N.C. 399, 113 S.E.2d 899 (1960); McPherson v. First & Citizens National Bank of Elizabeth City...

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