House v. White

VAUGHN, Judge.

Appellant concedes that the children of one of the life tenants are entitled to one-half of the trust fund. He contends, *126however, that all of those who are entitled to take as heirs of T. L. House are of one class, his grandchildren, and that there should be a per capita distribution to the members of that class. He relies on G.S. 29-16. We must point out, however, that the current Intestate Succession Act was enacted in 1959. It specifically applies only to “estates of persons dying on or after July 1, 1960.” Chapter 879, § 15, 1959 Session Laws. “It is well settled that ‘an…