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FIRST NAT. BANK OF CATAWBA COUNTY v. EDENS

No. 8125SC529.

286 S.E.2d 818 (1982)

FIRST NATIONAL BANK OF CATAWBA COUNTY, in its capacity as Guardian of David Royer Geitner, an Incompetent, Appellant, v. Joseph P. EDENS, Jr., Trustee and Harvey A. Jonas, Jr., Trustee, Co-Trustees under the Christine M. Geitner Testamentary Trust, and Joseph P. Edens, Jr., Mrs. Douglas M. Edens, Grace M. Hartis Gibson, Gladys Ponder Mitchell, Virginia M. Rogers, Anita Mitchell, Guardian for Robert L. Mitchell, Jr., and Anita Mitchell, Guardian for David C. Mitchell, Beneficiaries, Appellees.

Court of Appeals of North Carolina.

February 16, 1982.

Attorney(s) appearing for the Case

Sigmon, Clark & Mackie by E. Fielding Clark, II, Hickory, for plaintiff-appellant.

Williams & Pannell by Richard A. Williams and Richard A. Williams, Jr., Newton, for defendants-appellees.

HEDRICK, Judge.

Plaintiff assigns as error the court's ruling that the terms of the Christine M. Geitner testamentary trust gave defendant trustees sole discretion, and the right to exercise such discretion, in determining whether to contribute to the support of David R. Geitner. Plaintiff argues that the trust's terms require defendants to make a contribution from the testamentary trust whenever the income from the guardianship account is not sufficient to pay for...

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