STATE TRUST COMPANY v. TOMS

No. 17.

94 S.E.2d 806 (1956)

244 N.C. 645

In the Matter of STATE TRUST COMPANY, Trustee, v. Katie B. TOMS, M. F. Toms, Charles French Toms, Mrs. Albert Toms Brown, Maurice Toms, Margaret Toms.

Supreme Court of North Carolina.

October 31, 1956.


Attorney(s) appearing for the Case

M. F. Toms, Jr., and Ward & Bennett, Asheville, for Katie B. Toms, appellant.

Maurice A. Toms, in pro. per.

O. B. Crowell and R. Lee Whitmire, Hendersonville, for appellee.


RODMAN, Justice.

The record presents these questions:

(1) When the original judgment roll has been lost or destroyed, is it permissible, by motion in the cause, to show that only a portion of the proceeding has been docketed and recorded and the contents of the missing portion?

(2) If so, may the loss and contents of the missing portion be established by affidavits?

(3) Is an order permitting a trustee to resign and appointing a successor void...

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