Trustees of the L. C. Wagner Trust v. Barium Springs Home for Children, Inc.

Supreme Court of North Carolina
Trustees of the L. C. Wagner Trust v. Barium Springs Home for Children, Inc., 330 N.C. 187 (N.C. 1991)
409 S.E.2d 913; 1991 N.C. LEXIS 743

Trustees of the L. C. Wagner Trust v. Barium Springs Home for Children, Inc.

Opinion of the Court

IJ’ER CURIAM.

For the reasons stated in the dissenting opinion by Greene, J., the decision of the Court of Appeals on the issue of constructive delivery of the undistributed income and capital gains is reversed. The case is remanded to the Court of Appeals for further remand to the Superior Court, Iredell County, for entry of a judgment consistent with the dissenting opinion in the Court of Appeals on the constructive delivery issue and otherwise consistent with the majority opinion in the Court of Appeals.

Reversed and remanded.

Reference

Full Case Name
THE TRUSTEES OF THE L. C. WAGNER TRUST v. BARIUM SPRINGS HOME FOR CHILDREN, INC. DAVIS HOSPITAL FOUNDATION, INC. MITCHELL COMMUNITY COLLEGE GARDNER-WEBB COLLEGE JOSEPH FORESTER DAVIS JOHN C. DAVIS LOUIS M. DAVIS PATRICIA DAVIS HINTON MARY DAVIS BROYHILL (CRAIG) NELL DAVIS McCOY GEORGE C. DAVIS DAVIS HOSPITAL, INC. OLIVIA BROWN THOMAS H. BROWN KIMBALL and JOHN H. GRAY III
Cited By
1 case
Status
Published