WACHOVIA BANK & TRUST COMPANY v. Taylor

The appellants contend that the court erred “in concluding and adjudging that the devise of the remainder interest in the real property to the children of Alice Lee Taylor McLeod and Martha Anne Taylor Swayze was in violation of the rule against perpetuities and therefore void.”

There is no appeal from the court’s interpretation of the will with nrespect to the disposition of personal property. The judgment below as to the personal estate is binding on all parties and this phase of the case is not considered and discussed here. Rule 28, Rules of Practice in the Supreme Court, 221 N.C. 562.…