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ELDRIDGE v. MORGAN

No. 8725SC439.

363 S.E.2d 197 (1988)

88 N.C. App. 376

Mary Louise ELDRIDGE and husband, Donald E. Eldridge v. Jean MORGAN and husband, Charles L. Morgan, Jr., Mary Claudia Hooker, single, Frances Bond, single, and First Union National Bank, Incorporated.

Court of Appeals of North Carolina.

January 5, 1988.

Attorney(s) appearing for the Case

Corne, Pitts, Corne and Grant, P.A. by Larry W. Pitts, Newton, for plaintiff-appellees.

Rudisill and Brackett, P.A. by J. Steven Brackett, Curtis R. Sharpe, Jr., and H. Kent Crowe, Hickory, for defendant-appellants.

PARKER, Judge.

The principal issue in this appeal is whether the trial court correctly ascertained the respective proportional interests of each beneficiary in the corpus of testatrix's testamentary trust. To a large extent, resolution of this issue depends on whether the court below correctly concluded that Item Four of the Codicil to testatrix's Will created four separate trusts, and not one trust in which testatrix's children held concurrent beneficial interests...

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