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GOLD v. PRICE

No. 7427SC933.

211 S.E.2d 803 (1975)

24 N.C. App. 660

David Jack GOLD, Executor of the Last Will and Testament of Edna P. Gold, Deceased, Plaintiff, v. Elmer PRICE et al., Defendants.

Court of Appeals of North Carolina.

February 19, 1975.

Attorney(s) appearing for the Case

Joseph M. Wright, Shelby, for plaintiff-appellee, Executor of the Estate of Edna P. Gold, deceased.

Reuben L. Elam, Shelby, for defendant-appellant, Elmer Price.

Hamrick, Mauney & Flowers by Joe Mauney, Shelby, for defendant-appellee, Trustees of Sandy Plains Baptist Church.

MORRIS, Judge.

In their first assignment of error defendants contend the trial court erred in holding that testatrix did not create a trust for the maintenance of her grave and Tom Gold's grave. We find this assignment of error without merit for several reasons. First, as we pointed out in Starling v. Taylor, 1 N.C. App. 287, 290-291, 161 S.E.2d 204, 207 (1968), "[i]t is well settled in this...

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