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WACHOVIA BANK & TRUST CO. v. LIVENGOOD

No. 8114SC161.

282 S.E.2d 512 (1981)

WACHOVIA BANK & TRUST COMPANY, Trustee Under the Last Will and Testament of George G. Johnson v. Charles H. LIVENGOOD, Jr., Norman B. Livengood, D. Johnson Livengood, Betty J. Crisp, J. Eric Johnson, Jr. and Betty Bugg Crouch.

Court of Appeals of North Carolina.

October 6, 1981.

Attorney(s) appearing for the Case

Powe, Porter & Alphin by E. K. Powe and Eugene F. Dauchert, Jr., Durham, for defendants-appellants.

Marshall, Williams, Gorham & Brawley by Daniel Lee Brawley and A. Dumay Gorham, Jr., Wilmington, for defendant-appellee.

HARRY C. MARTIN, Judge.

Item Fourth of the last will and testament of George G. Johnson provides:

All of my other property, real, personal, and mixed, wherever the same may be situated, I give, devise and bequeath unto the Wachovia Bank and Trust Company, Durham, N.C., as Trustee, to be held, managed, and invested, reinvested, used and disposed of as follows: (1) The Trustee shall pay over the net income in equal shares to my sister [sic...

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