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FIRST-CITIZENS BANK & TRUST COMPANY v. CARR

No. 7111SC53.

179 S.E.2d 838 (1971)

10 N.C. App. 610

FIRST-CITIZENS BANK & TRUST COMPANY, Trustee under the Will of A. B. Currin v. Hellen D. Currin CARR, Barbara D. Currin Smetzer and Contingent Heirs-at-Law of A. B. Currin, Jr., Deceased.

Court of Appeals of North Carolina.

March 31, 1971.

Attorney(s) appearing for the Case

Edgar R. Bain, Wilson & Bain, Lillington, for plaintiff appellee.

Poyner, Geraghty, Hartsfield & Townsend, by Arch E. Lynch, Jr., Raleigh, for defendant appellant, Hellen D. Currin Carr.

MALLARD, Chief Judge.

Upon motion of Barbara D. Currin Smetzer (Mrs. Smetzer), under Rule 41(b) of the Rules of Civil Procedure and after the hearing, Judge Canaday dismissed the action as to her with prejudice by order dated 1 August 1970 and filed 21 August 1970. Appellant, Hellen D. Currin Carr (Mrs. Carr), contends that this was error.

The trust created under the terms of the last will and testament of A. B. Currin, Jr., was to terminate when Mrs. Smetzer...

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