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FIRST UNION NATIONAL BANK OF N. C. v. MELVIN

No. 165.

130 S.E.2d 387 (1963)

259 N.C. 255

FIRST UNION NATIONAL BANK OF NORTH CAROLINA, Executor of the Estate of Adam J. Melvin, v. Marie A. MELVIN et al.

Supreme Court of North Carolina.

April 17, 1963.

Attorney(s) appearing for the Case

Garland and Eck, Gastonia, for plaintiff-appellant.

Mullen, Holland and Cooke, Gastonia, for James A. Melvin, Jr., Robert Bruce Melvin and Christina Melvin, defendant-appellants.

Verne E. Shive, Gastonia, guardian ad litem for Donna Melvin, Douglas Melvin and David Melvin, defendant-appellants.

SHARP, Justice.

On this appeal each answering defendant makes contentions in accordance with his pecuniary interest. The plaintiff executor contends that the judgment of the Superior Court is correct except as to Ruling No. 3. However, as we have repeatedly held, the executor is not a party aggrieved entitled to appeal when the Superior Court directs a distribution among beneficiaries contrary to his ideas. For an executor to appeal the judgment must be prejudicial...

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