MATTER OF WILLS OF JACOBS

No. 8826SC72.

370 S.E.2d 860 (1988)

In re the Matter of the Trust Created Under Item Three of the WILLS OF Herbert JACOBS and Bella Lewan Jacobs. James F. FREER, As Guardian Ad Litem of Christina Kathleen Pafero, a minor v. Milton WEINSTEIN, in his capacity as Trustee for the Trust Established under Item Three of the Wills of Herbert Jacobs and Bella Lewan Jacobs, Alan Marshall Jacobs, Sonia Jacobs Linder, Eric Stewart Linder, Nicole Jacobs, a minor, Daniel Jacobs, a minor, the Unborn Issue of All Persons Set Forth Above, the Unknown Heirs of Herbert Jacobs and Bella Lewan Jacobs, All Other Interested Persons Whether Known or Unknown, Born or Unborn, Who Have or May Have Any Rights to or Interest in the Assets of the Trust created under Item Three of the Wills of Herbert Jacobs and Bella Lewan Jacobs.

Court of Appeals of North Carolina.

August 16, 1988.


Attorney(s) appearing for the Case

Smith, Helms, Mulliss & Moore by Robert B. Cordle, William R. Purcell, II, and Neill G. McBryde, Charlotte, for petitioner-appellee.

Collie and Wood by George C. Collie, Charles M. Welling, Charlotte, for defendant-appellant.

Petree Stockton & Robinson by Ray S. Farris, Guardian Ad Litem, Charlotte, for the unborn issue and unknown heirs, defendant-appellees.

Perry, Patrick, Farmer & Michaux by Bailey Patrick, Jr., Guardian Ad Litem, Charlotte, for Nicole Jacobs and Daniel Jacobs, minors.


EAGLES, Judge.

Defendant Weinstein presents five assignments of error for review. He first argues that the clerk of superior court has exclusive original jurisdiction to remove a trustee and, therefore, the trial court lacked subject matter jurisdiction to hear the case. Next, he contends that the trial court erred in denying his motion for directed verdict at the close of petitioner's evidence and at the conclusion of all the evidence. He further claims that the...

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