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HUNTER v. NEWSOM

No. COA94-794.

468 S.E.2d 802 (1996)

121 N.C. App. 564

In the Matter of Robert N. HUNTER, Jr., Administrator CTA DBN of the Estate of Florence Sharp Newsom, deceased, Plaintiff, v. Robert Wesley NEWSOM, III, Individually, and in his capacity as the former Executor of the Estate of Florence Sharp Newsom, deceased; J. Thomas Keever, Jr., Substitute Trustee under a Deed of Trust recorded in Deed of Trust Book 3889, Page 1763; Bankers Trust of North Carolina, Noteholder and Beneficiary under a Deed of Trust recorded in Deed of Trust Book 3889, Page 1763; J. Patrick Adams, Substitute Trustee u/w/o Florence Sharp Newsom, deceased; Paige Newsom, Britt Blackwell Newsom and Robert Wesley Newsom, IV, Minors, by and through their Guardian Ad Litem; and the Unborn and Unknown Heirs of Robert Wesley Newsom, III, by their Guardian Ad Litem, Defendants.

Court of Appeals of North Carolina.

February 20, 1996.

Attorney(s) appearing for the Case

Patton Boggs, L.L.P. by Robert N. Hunter, Jr., Greensboro, for plaintiff-appellee Robert N. Hunter, Jr., Administrator CTA DBN of the Estate of Florence Sharp Newsom.

Adams Kleemeier Hagan Hannah & Fouts, L.L.P. by M. Jay DeVaney, Michael H. Godwin and James W. Bryan, Greensboro, for defendant-appellant Bankers Trust.

McNairy, Clifford & Clendenin by R. Walton McNairy, Greensboro, for defendant-appellee guardian ad litem for the unborn and unknown heirs of Robert Wesley Newsom, III.

Lucas & Keever by J. Thomas Keever, Jr., Greensboro, for defendant-appellee J. Thomas Keever, Jr., substitute trustee.

Adams & Osteen by J. Patrick Adams, Greensboro, for defendant-appellee J. Patrick Adams, substitute trustee.

Alexander Ralston Speckhard & Speckhard, P.A. by Stanley E. Speckhard, Greensboro, for defendant-appellee guardian ad litem for Britt Blackwell Newsom and Robert Wesley Newsom, IV.

JOHN C. MARTIN, Judge.

Plaintiff Robert Hunter, Jr., Administrator CTA DBN of the Estate of Florence Sharp Newsom, filed a complaint for a declaratory judgment and to compel distribution of assets of a trust created by Florence Newsom's will and termination of the trust due to impossibility of performance. The complaint alleged the following: Florence Newsom died testate on 28 May 1985. In accordance with the provisions of her will, her son Robert Wesley Newsom, III...

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