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YOST v. YOST

No. COA10-957.

713 S.E.2d 758 (2011)

Sandra YOST, as Trustee and Beneficiary of the Research Center Trust and Catherine Caldwell, Vickie King, and Leslee Kulba, as Trustees of the Research Center Trust, Plaintiffs, Dynamic Systems, Inc., Intervenor Plaintiff, v. Robin YOST and Susan Yost, Individually and in their capacities as Trustees and Trust Protectors of the Research Center Trust, Defendants.

Court of Appeals of North Carolina.

July 19, 2011.

Attorney(s) appearing for the Case

Roberts & Stevens, P.A., Asheville, by Dennis L. Martin, Jr. , and Ann-Patton Hornthal , for plaintiffs.

Patla, Straus, Robinson & Moore, Asheville, by Richard S. Daniels , for intervenor plaintiff.

William E. Loose , Asheville, for defendants.

ELMORE, Judge.

Sandra Yost, Catherine Caldwell, Vickie King, and Leslee Kulba (together, plaintiffs) and Dynamic Systems, Inc. (DSI) (intervenor plaintiff), appeal from an order for partial summary judgment granted in favor of Robin Yost and Susan Yost (together, defendants). After careful consideration, we affirm the order of the trial court in part and reverse and remand it in part.

I. Background

On 3 March 2005, Charles A. Yost executed...

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