Legal Opinion

In Re the Trusteeship of Kenan

Supreme Court of North Carolina

Decided January 17, 1964No. 181PublishedCited by 10 opinions

Appeals by W. C. Murchison and Louis A. Burney as guardians ad litem and iby W. R. Kenan, Jr. and A. R. MacMannis as trustees from Mintz, J., June 1963 Ciwil Session of New HaNOveR.

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Appeals by W. C. Murchison and Louis A. Burney as guardians ad litem and iby W. R. Kenan, Jr. and A. R. MacMannis as trustees from Mintz, J., June 1963 Ciwil Session of New HaNOveR. Sarah Graham Kenan (hereafter Mrs. Kenan), a resident of New Hanower Ooumty was, in- M'ay 1962, found by a jury to. be “physically iand mentally incompetent from want of understanding to manage her ■affairs 'by reason of [physical and mental weakness on account of old age, disease or other like infirmities.” Based on this finding the clerk of the Superior Oourt adjudged her incompetent and, as authorized by G.S.…

1Opinion of the CourtRodman, J.

The appeals of Murchison ¡and Burney ¡ais guardians ad litem are directed to the orders entered in each proceeding. The appeal of MacManniis ¡and Kenan as trustees is directed to¡ the validity of the order entered in -the proceeding seeking permission to give away Mrs. Kenan’s right to receive for her life the income from the trust ¡created by her.

Defendant Murchison, appointed by the court to protect Mrs. Kenan’s rights, challenges both the right of the trustee to -make and the power of the Legislature or the court to authorize 'the proposed gifts.

The question for decision then is: Do-the…

2Cases cited25 opinions

  1. Matter of FlaglerNew York Court of Appeals · 1928
  2. City of Charlotte v. HeathSupreme Court of North Carolina · 1946
  3. Eller v. Board of Education of Buncombe CountySupreme Court of North Carolina · 1955
  4. Carter v. KemptonSupreme Court of North Carolina · 1950
  5. Claim of Lord v. Estate of HaslettNew York Court of Appeals · 1919

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3Cited by10 opinions

  1. North Carolina National Bank v. BurnetteSupreme Court of North Carolina · 1979
  2. Davison v. Duke UniversitySupreme Court of North Carolina · 1973
  3. Christiansen v. ChristiansenCalifornia Court of Appeal · 1967
  4. Strange v. PowersMassachusetts Supreme Judicial Court · 1970
  5. In Re the Trusteeship of KenanSupreme Court of North Carolina · 1964

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