FIRST-CITIZENS BANK & TRUST COMPANY v. BARNES

No. 100.

125 S.E.2d 437 (1962)

257 N.C. 274

FIRST-CITIZENS BANK & TRUST COMPANY as Executor and Trustee under the Will of Harvey L. Barnes, Kathleen R. Barnes, Donald L. Paul, John L. Dixon, Alexander K. Kolb, Robert G. McCutheon, Kenneth C. Reesman and LeRoy Harris v. Eleanor BARNES, Helen Barnes, Harvey Lee Barnes and Patricia Barnes, Infant Children of Harvey L. Barnes, Jr., Deceased, and Barbara Barnes, Myers Barnes and Scott Barnes, Infant Children of William R. Barnes, William R. Barnes, and Paul C. Stewart, Jr.

Supreme Court of North Carolina.

May 23, 1962.


Attorney(s) appearing for the Case

Whitehurst & Henderson and Ward & Tucker, New Bern, for plaintiff appellee.

C. E. Hancock, Jr., New Bern, guardian ad litem.


PER CURIAM.

This Court, after reading the record and briefs, is unable to reach the conclusion that the parties are in disagreement as to the proper interpretation of the will or that there is genuine controversy as to how the trustee should perform its duties. If, in fact, controversy does exist, the questions have not been formulated in such manner as to disclose the need for decision, nor has evidence been adduced which will assist in finding the correct answers...

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