Bank of Wadesboro v. Hendley

Supreme Court of North Carolina
Bank of Wadesboro v. Hendley, 229 N.C. 432 (N.C. 1948)
Denny

Bank of Wadesboro v. Hendley

Opinion of the Court

DeNNY, J.

The appellant excepts to the signing of the judgment below, and challenges the power of the court to order the sale of farm lands left in trust under a Will for the ultimate benefit of minors, even though the farms cannot be operated profitably.

The judgment below simply approves and orders compliance with a family settlement. The settlement not only appears to have been fairly *434made, but doubtless will aid materially in tbe preservation of tbe Hendley estate. Such agreements are looked upon with favor by tbe courts.

We said in Fish v. Hanson, 223 N. C. 143, 25 S. E. (2) 461: “Family agreements looking to tbe advantageous settlement of estates or to tbe adjustment of family differences, disputes or controversies, when approved by tbe court, are valid and binding. They are bottomed on a sound public policy which seeks to preserve estates and to promote and encourage family accord. Spencer v. McCleneghan, 202 N. C. 662, 163 S. E. 753; In re Estate of Wright, 204 N. C. 465, 168 S. E. 664; Reynolds v. Reynolds, 208 N. C. 578, 182 S. E. 341; Bohannon v. Trotman, 214 N. C. 706, 200 S. E. 852; Scbouler, Wills, Executors and Administrators (6d), sec. 3103.” See also Redwine v. Clodfelter, 226 N. C. 366, 38 S. E. (2) 203; In re Reynolds, 206 N. C. 276, 173 S. E. 789; and Tise v. Hicks, 191 N. C. 609, 132 S. E. 560.

The judgment of the court below is

Affirmed.

Reference

Full Case Name
THE BANK OF WADESBORO, OF WADESBORO, NORTH CAROLINA, and Trustee Under the Will of A. E. HENDLEY v. RUTH HENDLEY, Widow of A. E. HENDLEY SADIE HENDLEY, Unmarried A. E. HENDLEY, JR., and Wife, MARGARET D. HENDLEY ANNE SHANKLE HENDLEY and Her Husband, ALBERT EUGENE HENDLEY, III MARY GADDY HENDLEY and WALTER ROSS HENDLEY, THOMAS McLEAN HENDLEY, the Last Named Four Being Minors, Represented by BARRINGTON T. HILL, Guardian Ad Litem, and Any Unborn Children of SADIE HENDLEY and A. E. HENDLEY, JR., Said Unborn Children Being Represented by BENNETT M. EDWARDS, Guardian Ad Litem, and J. O. BOWMAN, SADIE HENDLEY and A. E. HENDLEY. JR., Committee of HENDLEY TRUST FOUNDATION
Cited By
4 cases
Status
Published