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WACHOVIA BANK AND TRUST COMPANY v. JOHNSTON

No. 118.

153 S.E.2d 449 (1967)

269 N.C. 701

WACHOVIA BANK AND TRUST COMPANY, Trustee under the Last Will and Testament of Leila Johnston Waddell, v. Robert Bruce JOHNSTON et al.

Supreme Court of North Carolina.

March 29, 1967.

Attorney(s) appearing for the Case

Van Winkle, Walton, Buck & Wall, Asheville, for plaintiff appellee.

Harold K. Bennett and Robert Bobo Long, Jr., Asheville, for defendant appellants.

BRANCH, Justice.

The appellants present these questions:

I. Did the trial court err in holding that there is sufficient evidence of the existence of an emergency, contingency or exigency which threatens to frustrate the purposes of the testamentary trust of Leila Johnston Waddell and which necessitates a sale of the trust res? II. Did the trial court err in finding that there is sufficient evidence that the proposed sale will materially enhance...

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