Schmidt v. Wachovia Bank

LACY, Justice.

In this appeal, we decide whether any language in the wills of William C. Schmidt (Mr. Schmidt) and Wilhemine B. Schmidt (Mrs. Schmidt) (collectively "the Testators") indicated a clear intent to delay vesting of remainder interests in the trusts created by the wills.

I

The parties stipulated to the facts. Mrs. Schmidt died testate on July 24, 1951, survived by Mr. Schmidt, her husband, and by her two children, Louise A. Schmidt (Louise) and William C. Schmidt, Jr. (William, Jr.). Mr. Schmidt died testate on July 1, 1957, survived by Louise and William, Jr.

The Testators' wills each…