WILLIAMS v. MULLEN

No. 7611SC317.

228 S.E.2d 512 (1976)

31 N.C. App. 41

Lottie Lee WILLIAMS v. Margaret Lee MULLEN and James L. Talton, Co-Administrators of the Estate of Lucy Lee Barbee.

Court of Appeals of North Carolina.

October 6, 1976.


Attorney(s) appearing for the Case

Mast, Tew, Nail & Moore, P. A. by George B. Mast and Joseph T. Nail, Smithfield, for plaintiff-appellee.

L. Austin Stevens and R. E. Batton, Smithfield, for defendants-appellants.


BRITT, Judge.

Defendants assign as error the failure of the trial court to grant their motions for directed verdict interposed at the close of plaintiff's evidence and renewed at the close of all the evidence. We think the assignment has merit.

The question presented is whether the evidence was sufficient to show that intestate created an express, oral trust in the bonds for the use and benefit of plaintiff. We hold that it was not.

"`Express', or...

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