De Lotbiniere v. Wachovia Bank & Trust Co.

Two questions are presented by this appeal: (1) Is the 1936 judgment, adjudging that the children of Mary Agnes de Lotbiniere together with Richard and Anthony Temple, have a vested interest in the estate of W. J. Slayden, valid and binding upon the minor *258respondents and all unborn issue of Mary Agnes de Lotbiniere? and (2) Did the court err in making distribution of income?

The guardian ad litem strenuously contends that present minor and possible unborn respondents were not before the court in the 1936 action by reason of the appointment of a guardian ad litem and are hot bound by any…