Carter v. Kempton

Family settlements, when fairly made, are favorites of tbe law. They are bottomed on a sound public policy wbicb seeks to preserve estates and to promote and encourage family accord. These statements in varying forms are to be found in many of our decisions. See Redwine v. Clodfelter, 226 N.C. 366, 38 S.E. 2d 203, and cases cited. But when a testamentary trust is tbe subject matter of tbe agreement, there are material limitations upon their application.(1) Tbe will creating a trust is not to be treated as an instrument to be amended or revoked at tbe will of devisees or to be sustained sub…