Legal Opinion

Banner v. North Carolina National Bank

Supreme Court of North Carolina

Decided January 14, 1966PublishedCited by 1 opinion

1Opinion of the CourtHiggiNS, J.

The judgment appealed from held invalid and of no effect the codicil giving the executor power to select the “charity organization” to receive the gift of the home on North Elm Street as contemplated by the codicil dated November 1, 1955. The validity of the judgment holding the codicil invalid is the only question presented on this appeal.

Tlip appellees successfully' contended that the codicil is invalid “by reason of uncertainty and indefiniteness as to the object and individuals to be benefited under the terms thereof.” They cite copious authority in support of the view, contending, “The…

2Cases cited7 opinions

  1. Weaver v. . KirbySupreme Court of North Carolina · 1923
  2. Woodcock v. . Trust Co.Supreme Court of North Carolina · 1938
  3. Holland v. . PeckSupreme Court of North Carolina · 1842
  4. Bennett v. Attorney General of North CarolinaSupreme Court of North Carolina · 1957
  5. Gaston County United Dry Forces, Inc. v. WilkinsSupreme Court of North Carolina · 1937

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Brown Ex Rel. Brown v. Charlotte-Mecklenburg Board of EducationSupreme Court of North Carolina · 1967

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