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FIRST-CITIZENS BANK & TRUST CO. v. BARNES

No. 743SC815.

210 S.E.2d 519 (1975)

24 N.C. App. 347

FIRST-CITIZENS BANK & TRUST COMPANY as Executor and Trustee under the Will of Harvey L. Barnes v. William R. BARNES et al.

Court of Appeals of North Carolina.

January 2, 1975.

Attorney(s) appearing for the Case

Ward & Ward by Jerry F. Waddell, New Bern, for Jerry F. Waddell, guardian ad litem for the unborn lineal descendants of Barbara Barnes Sherman, Patricia A. Barnes, and Helen Barnes Allgeier, respondent appellant.

Ward, Tucker, Ward & Smith, P.A., New Bern, for First-Citizens Bank & Trust Co. as Executor and Trustee under the Will of Harvey L. Barnes, petitioner appellee.

Lee & Hancock by Moses D. Lassiter, New Bern, for Moses D. Lassiter, guardian ad litem for Angela Marie Barnes, respondent appellee.

Barden, Stith, McCotter & Stith, by F. Blackwell Stith, New Bern, for F. Blackwell Stith, guardian ad litem for the unborn lineal descendants of each grandson, respondent appellee.

MORRIS, Judge.

No question is raised by anyone involved in this litigation with respect to the procedure adopted. We assume that the action is brought under the provisions of G.S. § 1-253.

Before we get into the merits of the appeal, we think it appropriate to note that we agree with the trial court that the only justiciable issue of the issues set out in the complaint is the one answered by the trial court.

The correct interpretation of the provisions...

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