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KYLE v. GROCE

No. 8023DC513.

272 S.E.2d 609 (1980)

Rose Z. Weaver KYLE v. John H. GROCE & William A. Groce, Jr., Co-Administrators of the Estate of Jay Groce, Deceased; and Wilkes Savings & Loan Association.

Court of Appeals of North Carolina.

December 16, 1980.

Attorney(s) appearing for the Case

Max F. Ferree by George G. Cunningham, Wilkesboro, for plaintiff-appellant.

Moore & Willardson by Larry S. Moore and Robert P. Laney, North Wilkesboro, for defendants-appellees.

WEBB, Judge.

Plaintiff does not contend that this case is governed by G.S. 41-2.1 which deals with the right of survivorship in deposits created by written agreement. She does contend that there is a triable issue as to whether Jay Groce created a Totten or tentative trust for her. If Jay Groce created a trust for plaintiff with a right of survivorship, it would be by the phrase "Payable to Rose Z. Weaver, as survivor only" which appeared on the application card....

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