WINBORNE, Justice.
Where in a special proceeding instituted by a trustee for the purpose of resigning his trust, pursuant to the provisions of G.S. § 36-9 through G.S. § 36-12, an order, purporting (1) to accept the resignation of the trustee, and (2) to appoint a successor trustee, has been entered by the clerk of Superior Court, before whom the proceeding is pending, and after a hearing, but through misunderstanding with counsel for some of the parties...
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