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SHERROD v. ANY CHILD, ETC., BORN TO SHERROD

No. 637A83.

320 S.E.2d 669 (1984)

312 N.C. 74

Watson N. SHERROD, Jr., individually, May Holton Sherrod, et al. v. ANY CHILD OR CHILDREN HEREAFTER BORN TO WATSON N. SHERROD, JR. and any Child or Children, Born or Unborn, or Known or Unknown who may Hereafter be Adopted by Watson N. Sherrod; Roy A. Cooper, Jr., guardian ad litem of any child or children hereafter born to Watson N. Sherrod, Jr.; et al.

Supreme Court of North Carolina.

October 2, 1984.

Attorney(s) appearing for the Case

John E. Davenport, Nashville, for plaintiffs-appellees.

Valentine, Adams, Lamar & Etheridge by Franklin L. Adams, Jr., Nashville, guardian ad litem for any child or children hereafter adopted by Watson N. Sherrod, Jr., defendants-appellants.

Fields, Cooper & Henderson by Leon Henderson, Jr., Rocky Mount, guardian ad litem for any child or children hereafter born to Watson N. Sherrod, Jr., defendants-appellants.

PER CURIAM.

The opinion of the Court of Appeals contains a thorough statement of the relevant facts of this case. The Court of Appeals concluded that Item Four of testator's will created an active trust and conferred upon the trustee the power to sell the property held in trust. Further, the court held that the class closed at the death of the testator, thus excluding as beneficiaries any children born after the death of...

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