In Re the Trusteeship of Kenan
Supreme Court of North Carolina
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.…
1DissentHiggins, J.
Time does not permit me to do more than record -a few of the reasons why I icarn not concur in (the opinion. The fundamental error, I think, is the 'assumption that these proceedings authorize ia taking of property. If the beneficiaries of the gifts had brought this action to force the making of the gifts, the opinion would be sound. What the opinion/ /says, however, is that the owner, acting through her trustee and with the approval of the court /under legislative authority, cannot voluntarily make the gifts. The statutes discussed in the opinion ('Chapters 111, 112 and 113, Session Laws of…
2Cases cited6 opinions
- State v. ScogginSupreme Court of North Carolina · 1952
- State Ex Rel. North Carolina Milk Commission v. GallowaySupreme Court of North Carolina · 1959
- Cooper v. . CooperSupreme Court of North Carolina · 1942
- Ford v. Security National Bank of GreensboroSupreme Court of North Carolina · 1958
- Wells v. . WellsSupreme Court of North Carolina · 1911
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