WACHOVIA BANK AND TRUST COMPANY v. MORGAN

No. 109.

182 S.E.2d 356 (1971)

279 N.C. 265

WACHOVIA BANK AND TRUST COMPANY et al., Petitioners, v. Robert MORGAN, Attorney-General of the State of North Carolina, et al., Respondents.

Supreme Court of North Carolina.

July 30, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Christine Y. Denson for Attorney General Robert Morgan, respondent appellant.

Hollowell & Ragsdale by Edward E. Hollowell and Richard B. Conely, Raleigh, for North Carolina Hospital Assn., respondent appellee.

Womble, Carlyle, Sandridge & Rice by W. P. Sandridge, Jr., Winston-Salem, for petitioners appellees.


MOORE, Justice.

Only one question is presented by this appeal: Is it proper for the trustees to take the additional cost of administration out of the trust income rather than out of the commissions allowed the trustees under the terms of the will?

Although there is no appeal from the judgment of Judge Lupton dated 25 January 1971 on the question of whether cy-pres is proper, the Superior Court had ample authority to alter the administrative provisions...

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