NORTHWESTERN BANK v. ROBERTSON

No. 7728SC917.

250 S.E.2d 727 (1979)

39 N.C. App. 403

The NORTHWESTERN BANK, Trustee of Inter Vivos Trust created by Reuben B. Robertson, Deceased, Petitioner, v. Logan T. ROBERTSON, Individually and as Executor of the Last Will and Testament of Reuben B. Robertson, Deceased et al., Respondents.

Court of Appeals of North Carolina.

January 16, 1979.


Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes, Hyde & Davis by Albert L. Sneed, Jr., Asheville, for respondents.

Pitts, Hugenschmidt & Krause by James J. Hugenschmidt, Asheville, for petitioner Logan T. Robertson.


HEDRICK, Judge.

The appellant argues five assignments of error in his brief challenging in turn the priority of payment given each of the five classifications of claims against the settlor's estate in the judgment appealed from. At the foundation of each of these arguments is the contention that the trial court erred in failing to distinguish between principal and income in establishing these priorities.

On the other hand, the appellee contends that the first...

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