FORTUNE v. FIRST UNION NAT. BANK

No. 8612SC1213.

359 S.E.2d 801 (1987)

Betty FORTUNE, individually and Dale Fortune, a minor, by his Guardian Ad Litem, Betty Fortune, v. FIRST UNION NATIONAL BANK, a corporation and as Executor and Trustee of the Robert L. Fortune Estate and Trust.

Court of Appeals of North Carolina.

September 1, 1987.


Attorney(s) appearing for the Case

McLeod, Senter & Winesette by Joe McLeod, Fayetteville, for plaintiff-appellees.

Hamel, Helms, Cannon, Hamel & Pearce by Reginald S. Hamel, Charlotte, Francis C. Clark, Staff Atty., First Union Corp., Legal Div., for First Union Nat. Bank, Maupin, Taylor, Ellis & Adams by R. Stephen Camp, Raleigh, for defendant-appellant.


EAGLES, Judge.

I

Defendant first argues that the trial court erred in denying its motions for directed verdict and for judgment notwithstanding the verdict. Defendant contends that the evidence was insufficient to show it breached its fiduciary duty, and that Dale Fortune's claims were barred by the statute of limitations. We disagree.

An executor acts in a fiduciary capacity to those who are beneficiaries of the estate. See Moore v. Bryson,<...

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