#### J. A. DURNER v. GURNEY P. HOOD, Commissioner, et al.

(Filed 19 September, 1934.)

Appeal by defendant Phoenix Mutual Life Insurance Company, from Schenck, J., at February Term, 1934, of Buncombe.

Civil action to revoke gratuitous or voluntary trust, wbicb, it is alleged, bas proven to be ill-advised, improvident, and impossible of fulfillment.

From a decree terminating tbe trust, it appearing that tbe allegations of tbe petition are abundantly supported by tbe evidence and so found by tbe court, tbe Phoenix Mutual Life Insurance Company, as it feels in duty bound to do, appeals, assigning errors.

Harkins, Van Winkle & Walton for plaintiff.

Bourne, Parker, Bernard & DuBose for defendant appellant.

Per Cueiam.

Affirmed on authority of Bell v. McCoin, 184 N. C., 117, 113 S. E., 561. Tbe cases of McRae v. Trust Co., 199 N. C., 714, 155 S. E., 614, Stanback v. Bank, 197 N. C., 292, 148 S. E., 313, and Anderson v. Wilkins, 142 N. C., 154, 55 S. E., 272, are also cited by petitioner as supporting in tendency tbe judgment.

Affirmed.

Schenck, J., took no part in tbe consideration or decision of this case.