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

> Supreme Court of North Carolina · November 7, 1991 · 330 N.C. 187

URL: https://www.frixlaw.com/law-library/cases/6710717

## Case

- **Full 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
- **Court:** Supreme Court of North Carolina
- **Decided:** November 7, 1991
- **Citations:** 330 N.C. 187; 409 S.E.2d 913; 1991 N.C. LEXIS 743
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6710717

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6710717. Public record. Not legal advice.