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FIRST-CITIZENS BANK & TRUST COMPANY v. CARR

No. 21.

184 S.E.2d 268 (1971)

279 N.C. 539

FIRST-CITIZENS BANK & TRUST COMPANY, Trustee under the Will of A. B. Currin v. Hellen D. Currin CARR et al.

Supreme Court of North Carolina.

November 10, 1971.

Attorney(s) appearing for the Case

Edgar R. Bain, Lillington, for plaintiff Trustee.

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

BRANCH, Justice.

The principal question presented by this appeal is whether Trustee must partition the real estate remaining in the corpus of the trust between the beneficiaries.

The will contained the following material provisions pertinent to decision:

ITEM V:

* * * said Trustee shall have the unrestricted right and full power and authority: 1. (b) To retain the properties now or hereafter received by it or to dispose

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