Supreme Court of North Carolina, 1991

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

Trustees of the L. C. Wagner Trust v. Barium Springs Home for Children, Inc.
Supreme Court of North Carolina · Decided November 7, 1991
330 N.C. 187; 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.

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