Opinion
No. 191A91
Filed 7 November 1991
APPEAL by defendant Barium Springs Home for Children, Inc. from the decision of a divided panel of the Court of Appeals, 102 N.C. App. 136, 401 S.E.2d 807 (1991), affirming in part and reversing in part a judgment by Davis (James C.), J., signed 24 November 1989 and filed 28 November 1989 in Superior Court, IREDELL County. Heard in the Supreme Court 17 October 1991.
Womble Carlyle Sandridge Rice, by Dewey W. Wells, Elizabeth L. Quick, and Mark E. Richardson, III, for defendant appellant Barium Springs Home for Children, Inc.
E. Bedford Cannon for defendant appellee Davis Hospital, Inc.
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.