TYSON v. NORTH CAROLINA NAT. BANK

No. 123.

286 S.E.2d 561 (1982)

Barbara Larkins Ward TYSON v. NORTH CAROLINA NATIONAL BANK.

Supreme Court of North Carolina.

January 27, 1982.


Attorney(s) appearing for the Case

Susan H. Lewis and Donald H. Beskind, Durham, for plaintiff-appellant.

Helms, Mulliss & Johnston by E. Osborne Ayscue, Jr., and Nancy Black Norelli, Charlotte, for defendant-appellee.


CARLTON, Justice.

I.

Plaintiff initiated this action by complaint filed 11 July 1979 alleging that defendant had breached certain fiduciary duties as executor of her husband's estate and as trustee of two testamentary trusts. Defendant's answer asserted that plaintiff had failed to state a claim for which relief could be granted, denied that it had breached any duties owed plaintiff, and asserted as defenses the statute of limitations, estoppel, laches,...

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