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SMITH v. CENTRAL CAROLINA BANK & TRUST CO.

No. 8222SC70.

297 S.E.2d 783 (1982)

Gwendolyn F. SMITH v. CENTRAL CAROLINA BANK AND TRUST COMPANY, as Executor of Will of Raymond C. Foster, Deceased; Minnie B. Foster; Dorothy F. McEchin Greene; Virgil Foster and wife, Olivia Foster; Zaro Foster; R.L. Foster and wife, Polly M. Foster; Paul E. Foster and wife, Doris Foster; Martha E. Edwards and husband, Robert W. Edwards; Donald Cole and wife, Barbara Cole; Juanito Pung and wife, Fe A Pung; Albert G. Reavis and wife, Sylvia P. Reavis; Daniel A. Reavis and wife, Kathryn K. Reavis; Jerry Wayne Eller and wife, Priscilla W. Eller; William T. Nivens and wife, Francis K. Nivens; and Henry P. Vanhoy, II.

Court of Appeals of North Carolina.

December 7, 1982.

Attorney(s) appearing for the Case

Hall & Vogler by William E. Hall, Mocksville, for plaintiff, appellant.

Lee Zachary, Zachary, Zachary & Harding, Yadkinville, and Petree, Stockton, Robinson, Vaughn, Glaze & Maready by James H. Kelly, Jr., Winston-Salem, for defendants, appellees.

HILL, Judge.

The plaintiff argues on appeal that the defendant bank's method of selling the property of Raymond Foster's estate denied her the right of first refusal as granted under her father's will. Our examination of the record, including Raymond Foster's will, reveals that the defendant bank was granted all the powers of an executor to arrange for and sell the property of Raymond Foster. Section 32-27 of the North Carolina General Statutes was also incorporated...

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