BRUCE v. NORTH CAROLINA NAT. BANK

No. 8225SC646.

303 S.E.2d 561 (1983)

Mary Buys BRUCE v. NORTH CAROLINA NATIONAL BANK (Two Cases).

Court of Appeals of North Carolina.

June 21, 1983.


Attorney(s) appearing for the Case

Ted G. West and David S. Lackey, and Edward H. Blair, Jr., Lenoir, for plaintiff-appellant.

Moore & Van Allen by George R. Hodges, Charlotte and John Aldridge, Raleigh, Todd, Vanderbloemen & Respess by Bruce W. Vanderbloemen, Lenoir, for defendant-appellee.


BRASWELL, Judge.

The issue presented by this appeal is whether plaintiff's action is barred by G.S. 1-52(1), the three-year statute of limitations governing actions "upon a contract, obligation or liability arising out of a contract."

The essential facts are not in dispute. In 1967 plaintiff's husband died leaving a will which established a marital trust for the benefit of plaintiff. NCNB was named trustee of this trust. The marital trust assets consisted...

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