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THORNHILL v. RIEGG

No. 8830SC1256.

383 S.E.2d 447 (1989)

Edward THORNHILL, III, Administrator, C.T.A. of the Estate of Alfred Richard Riegg v. Betty Elliott RIEGG, Susan Riegg Hoyle, Richard Elliott Riegg and First Union National Bank as Trustee and former Executor under the Will of Alfred Richard Riegg.

Court of Appeals of North Carolina.

September 19, 1989.

Attorney(s) appearing for the Case

Edward Thornhill, III, Administrator C.T.A., Waynesville, of the Will of Alfred Richard Riegg.

Van Winkle, Buck, Wall, Starnes & Davis, P.A. by Robert H. Haggard and Michelle Rippon, Asheville, for defendant-appellant First Union Nat. Bank.

Riddle, Kelly & Cagle, P.A. by E. Glenn Kelly, Asheville, for defendant-appellants Betty Elliott Riegg and Richard Elliott Riegg.

Alley, Hyler, Killian, Kersten, Davis & Smathers by Patrick U. Smathers, Canton, for defendant-appellee Susan Riegg Hoyle.

GREENE, Judge.

Administrator brought this declaratory judgment action pursuant to N.C.G.S. Sec. 1-253 et seq. (1983) for construction of the trust provisions included in the will of Alfred Richard Riegg. On 6 September 1988, judgment was entered in the Superior Court of Haywood County declaring the trust created under the will to be void ab initio because it violated the rule against perpetuities. The trustee and certain named beneficiaries of the trust...

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