SMITH v. UNDERWOOD

No. 923SC369.

437 S.E.2d 512 (1993)

113 N.C. App. 45

Ada T. SMITH; Ada Kelly Smith Hines and husband, Lovit Hines; Daria Elizabeth Hines Gold and husband, Bruce Gold; Lovit Hines, Jr. and wife, Margaret Hines; Kelly Hines Blau and husband, Andrew J. Blau; Stephanie Blau Buonopane, and husband, Rob Buonopane; Eric Andrew Blau (unmarried); Christopher Lovit Blau (unmarried); Jane Elizabeth Smith Yeargan (widow); Sandra May Cresswell Yeargan (widow); Julia Anne Yeargan (unmarried); Keith Yeargan and wife, Mary Stuart Yeargan; Keane Yeargan and wife, Cynthia Yeargan; Marie Smith Wallace (divorced); Marie Anne Wallace Law and husband, Jerry Law; Deborah Kristine Law Everett and husband, Raymond Everett; Marvin Simeon Honeycutt and wife, Donna Johnson Honeycutt; Sue Worthington Smith (widow); Bonny Sue Smith (unmarried); James Thomas Smith and wife, Dorothy Cobb Smith; William Russel Smith and wife, Dr. Carol Adams; Frances Howard Smith; Alfred Lewis Smith and wife, Jean Newkirk Smith; Josef-Ann Smith (divorced); Joal Newkirk Smith and wife, Brenda Smith; Kelly Smith Lewis and husband, Kirby Lewis; Scotty Levon Smith (divorced), Petitioners, v. Sam B. UNDERWOOD, Jr.; Sandra Lee Honeycutt (divorced); Kenneth Brian Gold, by and through his Guardian Ad Litem, Charles Hardee; Darian Bruce Gold, by and through his Guardian Ad Litem, Charles Hardee; Caitlin Elizabeth Hines, by and through her Guardian Ad Litem, Charles Hardee; Sharon Leigh Yeargan, by and through her Guardian Ad Litem, Charles Hardee; Davis Allen Yeargan, by and through his Guardian Ad Litem, Charles Hardee; Sarah Elizabeth Yeargan, by and through her Guardian Ad Litem, Charles Hardee; Heather Chivon Yeargan, by and through her Guardian Ad Litem, Charles Hardee; Susan Tiffany Wallace, by and through her Guardian Ad Litem, Charles Hardee; Samantha Dawn Honeycutt, by and through her Guardian Ad Litem, Charles Hardee; Leah Marie Smith, by and through her Guardian Ad Litem, Charles Hardee; and unborn and/or unknown heirs of W.H. Smith, by and through their Guardian Ad Litem, Charles Hardee, Respondents.

Court of Appeals of North Carolina.

December 21, 1993.


Attorney(s) appearing for the Case

Bass, Bryant, Deese & Moore by William E. Moore, Jr. and John Walter Bryant, Raleigh, for petitioners-appellants.

Ward and Smith, P.A. by Louise W. Flanagan, A. Charles Ellis, and Ryal W. Tayloe, Greenville, for respondent-appellee, Sam Underwood.


JOHNSON, Judge.

The facts pertinent to this appeal are as follows: Mr. W.H. Smith died testate in Pitt County on 9 June 1954. His Last Will and Testament provided that two trusts be created, one for the benefit of his wife, the Ada T. Smith Trust, and one for the benefit of his children and their descendants, the W.H. Smith Trust. Both trusts terminate at the death of Ada T. Smith. Sam B. Underwood, Jr., respondent, and Robert Lee Smith, Mr. W.H. Smith's oldest son...

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