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RUDISILL v. HOYLE

No. 598.

118 S.E.2d 145 (1961)

254 N.C. 33

Helen Crutchfield RUDISILL, Della Mae Trotter Kernodle, and Eugene G. Shaw, Administrator, c.t.a., d.b.n., of The Estate of J. M. Crutchfield, v. Lawrence T. HOYLE, Executor of the Estate of Pearl Trotter Crutchfield and Guilford National Bank of Greensboro, Trustee Under the Will of Pearl T. Crutchfield.

Supreme Court of North Carolina.

February 3, 1961.

Attorney(s) appearing for the Case

Sapp & Sapp, Greensboro, for Lawrence T. Hoyle, Executor, appellant.

Eugene G. Shaw and Frazier & Frazier, Greensboro, for plaintiffs, appellees.

Chas. M. Ivey, Jr., Greensboro, for Guilford National Bank of Greensboro, Trustee, appellee.

MOORE, Justice.

The record does not disclose that plaintiffs excepted to the judgment sustaining the demurrer ore tenus of defendant Bank. We do not understand that this ruling is prejudicial to defendant Hoyle. So the correctness of that judgment is not before us. However, a brief comment seems appropriate. The complaint does not allege that the Bank ever received or accepted any money or other property pursuant to the purported trust, nor that the Bank as...

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