Keesler v. North Carolina National Bank

The trial court adjudged that no portion, principal or income, of the 16,660 shares of stock of Auto Finance Company, referred to in the instrument executed by Emmie McConnell Moore Howerton on 9 February 1960, shall be paid to her by the trustee during her life time. Thus it is adjudged that the instrument is binding upon Mrs. Howerton. G.S. 36-41. No exception was taken to this ruling by any of the parties to the action. Therefore, this is the settled law of the case as to her.

On this appeal the question for determination is: What effect, if any, does the instrument have upon the rights and…