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L.C. WAGNER TRUST v. BARIUM SPRINGS HOME FOR CHILDREN, INC

No. 191A91.

409 S.E.2d 913 (1991)

330 N.C. 187

The Trustees of the L.C. WAGNER TRUST v. BARIUM SPRINGS HOME FOR CHILDREN, INC., Davis Hospital Foundation, Inc., Mitchell Community College, Gardner-Webb College, Joseph Forester Davis, John C. Davis, Louis M. Davis, Patricia Davis Hinton, Mary Davis Broyhill (Craig), Nell Davis McCoy, George C. Davis, Davis Hospital, Inc., Olivia Brown Thomas, H. Brown Kimball and John H. Gray III.

Supreme Court of North Carolina.

November 7, 1991.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice by Dewey W. Wells, Elizabeth L. Quick and Mark E. Richardson, III, Winston-Salem, for defendant-appellant Barium Springs Home for Children, Inc.

McElwee, McElwee, Cannon & Warden by E. Bedford Cannon for defendant-appellee Davis Hosp., Inc.

PER CURIAM.

For the reasons stated in the dissenting opinion by Greene, J., the decision of the Court of Appeals on the issue of constructive delivery of the undistributed income and capital gains is reversed. The case is remanded to the Court of Appeals for further remand to the Superior Court, Iredell County, for entry of a judgment consistent with the dissenting opinion in the Court of Appeals on the constructive delivery issue and otherwise consistent with the...

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