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FIRST CITIZENS BANK & TRUST CO. v. FLEMING

No. 853SC229.

335 S.E.2d 515 (1985)

In the Matter of FIRST CITIZENS BANK & TRUST COMPANY, as Executor of the Estate of Mary Ruth Fleming; First Citizens Bank & Trust Company, as Trustee under the will of Archie F. Fleming, Jr. v. Thomas Poe FLEMING, Martha Rachel McNally, Clifton Earl Fleming, Jr., Douglas Sylvester Fleming, Gerry Elliott McFarland, Benjamin Wilson Elliott, III, Lawrence Nelson Elliott, Robert Day Elliott, Margaret Elliott Ruff, Elon College, Salem Academy and College, and First Presbyterian Church of Morehead City.

Court of Appeals of North Carolina.

October 29, 1985.

Attorney(s) appearing for the Case

Stanley & Simpson by Richard L. Stanley, for First Presbyterian Church of Morehead City, defendant, appellant.

Womble Carlyle Sandridge & Rice by Linwood L. Davis and Michael E. Ray, for Salem Academy and College and Elon College, defendants, appellees.

HEDRICK, Chief Judge.

The central issue on this appeal is whether a general residuary clause in a will constitutes an effective disposition of property under a power of appointment which purports to require a specific reference to the power of appointment in the document making the disposition.

The power of appointment at issue reads as follows:

So much of the principal of this trust as shall remain in the hands of my Trustee at the time of the death...

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