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WILSON v. FIRST PRESBYTERIAN CHURCH, REIDSVILLE, N.C.

No. 15.

200 S.E.2d 769 (1973)

284 N.C. 284

Margaret WILSON et al., Plaintiffs, v. FIRST PRESBYTERIAN CHURCH, REIDSVILLE, N.C., et al., Defendants, and The Trustees of Orange Presbytery of the Presbyterian Church, Additional Parties Defendant, and Robert Morgan, Attorney General of North Carolina, Additional Party Defendant.

Supreme Court of North Carolina.

December 12, 1973.

Attorney(s) appearing for the Case

Griffin, Post & Deaton by Hugh P. Griffin, Jr., and William F. Horsley, Reidsville, Wharton, Ivey & Wharton by Richard L. Wharton, Greensboro, for defendant appellants.

Dalton & Long by W. R. Dalton, Jr., Burlington, for plaintiff appellees.

Russell G. Walker, Jr., Asst. Atty. Gen., Raleigh, for Robert Morgan, Atty. Gen., Intervenor.

LAKE, Justice.

The first question for our consideration arises upon the contention of First Presbyterian that the properties belong to it free and clear of any trust.

Nothing in the consent judgment rendered in 1961, or in the stipulations of the parties upon which that judgment rested, supports this contention. On the contrary, the parties, including First Presbyterian, then expressly stipulated that the will of Miss Pinnix "provided * * * for the creation...

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