Wachovia Bank & Trust Co. v. Waddell

The judgment of the court below attempts to preclude the infant grandson of Francis C. Jordan, without notice and without a hearing. If, in fact, said infant “does not now and cannot ever have” any interest in the trust property, no harm is done by the decree. But such is not the case. The only disposition of the trust estate, at the termination of the trust, is contained in the direction that the property be then divided among the bodily heirs of testator’s nephew and niece, then surviving. To ascertain who are the ultimate takers, the roll must be called as of the day of the death of the…