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WACHOVIA BANK & TRUST COMPANY v. BUCHAN

No. 391.

135 S.E.2d 559 (1964)

261 N.C. 595

WACHOVIA BANK & TRUST COMPANY, Executor of the Estate of H. C. Buchan, Jr., Deceased, and Trustee under the Last Will and Testament of H. C. Buchan, Jr., Deceased, v. Mary Elizabeth BUCHAN, a Minor, J. H. Whicker, Sr., Guardian Ad Litem for the Possible Unborn Issue of Mary Elizabeth Buchan; J. H. Whicker, Jr., Guardian Ad Litem for the Heirs of H. C. Buchan, Jr., Deceased, and Ruth Lowe Buchan, and T. E. Story, Guardian Ad Litem for Mary Elizabeth Buchan, a Minor.

Supreme Court of North Carolina.

April 8, 1964.

Attorney(s) appearing for the Case

Jordan, Wright, Henson & Nichols, William D. Caffrey, Greensboro, and McElwee & Hall, North Wilkesboro, for plaintiff appellee.

Whicker & Whicker and T. E. Story, North Wilkesboro, for appellants.

PER CURIAM.

The amount collected on the $700,000 note has a material bearing on the value of the testamentary trust set up for the minor, Mary Elizabeth Buchan. This fact is sufficient to justify Wachovia in asking the Superior Court to advise and direct it with respect to the proposed compromise. Wachovia Bank & Trust Company v. Buchan, 256 N.C. 142, 123 S.E.2d 489.

Appellants did not...

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