DILLON v. NORTH CAROLINA NATIONAL BANK

No. 6926SC477.

170 S.E.2d 571 (1969)

6 N.C. App. 584

Marjorie Anne W. DILLON v. NORTH CAROLINA NATIONAL BANK, as Executor u/w of James Patrick Dillon, and as Trustee under Trust of James Patrick Dillon, Deceased.

Court of Appeals of North Carolina.

November 19, 1969.


Attorney(s) appearing for the Case

Clayton, Lane & Helms, by Thomas G. Lane, Jr., Charlotte, for plaintiff appellant.

Palmer, Jonas & Mullins, by Michael P. Mullins, Charlotte, for defendant appellee.


MORRIS, Judge.

Plaintiff raises two questions on appeal: whether defendant as trustee abused its discretionary powers and whether the court erred in taxing all costs against the plaintiff. Plaintiff concedes in her brief that defendant as trustee was given discretionary powers under the terms of the trust agreement, but contends that defendant abused this discretion in refusing to pay one-half of the mortgage debt. The...

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