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WACHOVIA BANK & TRUST CO. v. WADDELL

No. 112.

67 S.E.2d 651 (1951)

234 N.C. 454

WACHOVIA BANK & TRUST CO. v. WADDELL et al.

Supreme Court of North Carolina.

November 21, 1951.

Attorney(s) appearing for the Case

Francis J. Heazel, Asheville, for plaintiff appellant.

Woodson & Woodson, Salisbury, for defendant Vaughn A. Waddell.

J. Y. Jordan, Jr., Asheville, for defendants Mary W. Jordan, Francis C. Jordan, Mary Jordan, Janet Jordan Jacobs and husband, R. L. Jacobs.

Andrew Joyner, Jr., Greensboro, for defendant Kate Waddell.

Tench C. Coxe, Jr., and Adams & Adams, all of Asheville, for defendants Ralph E. Lee and Stephen R. Adams.

Kingsland Van Winkle, Asheville for defendants Thorton Jordan and all the bodily heirs of Francis C. Jordan and Mary Jordan not now in esse.

J. M. Horner, Jr., Asheville, for defendants Lynn Barnard Jacobs and all unknown bodily heirs of defendants Francis C. Jordan and Mary Jordan.

BARNHILL, Justice.

This is not a case in which the parties seek to have a court of equity approve a family settlement of differences arising in respect of an estate in the course of its administration. Neither is it a cause in which the first takers seek to alter or modify the terms of a trust to the possible disadvantage of the ultimate takers. It is true the trusts created by the will are to some extent adversely affected for the reason the widow takes under the...

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