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Gibbons v. Cole
State: South Carolina
Court: Court of Appeals
Docket No: 132 N.C. App 777
Case Date: 04/06/1999
Plaintiff: Gibbons
Defendant: Cole
Preview:VIRGINIA GIBBONS, ALBERTA G. COVINGTON, BRIDGET GIBBONS McNAIR and KATHLEEN GIBBONS SHUE, Plaintiffs-Appellants, v. DAWN ROYSTON COLE, PHILIP ROYSTON, WACHOVIA BANK OF NORTH CAROLINA, N.A., Trustee of the JOHN P. GIBBONS TRUST, and MARY ELIZABTH GIBBONS SUTHERLAND, now deceased, Defendants-Appellees No. COA98-764 (Filed 6 April 1999) 1. Adoption--adopted children as trust beneficiaries--1935 trust

Two adopted children were entitled to take as "issue" or "descendants" under the terms of an irrevocable inter vivos trust created in 1935 where the natural children contended that adopted children were presumptively excluded in 1935 from taking as issue or descendants unless the terms of the trust clearly indicated an intent to include them; that the settlor here had given stock to the adopted mother on the assumption that the adopted children could not take under the trust; and that the application of N.C.G.S.
Download 98-764-7.pdf

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