Henry E. FISHER, Substitute Trustee Under The Last Will And Testament Of R.B. Melton, Plaintiff,
v.
Lillie P. MELTON, et al., Defendants.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
October 3, 1989.
October 3, 1989.
Attorney(s) appearing for the Case
No counsel for plaintiff, Henry E. Fisher, trustee.
Valentine, Adams, Lamar, Etheridge & Sykes by L. Wardlaw Lamar, Nashville, for defendant Barbara F. Collins, individually and as executrix of the estate of Lucinda D. Fulghum, appellee.
Battle, Winslow, Scott & Wiley, P.A. by Robert M. Wiley, and John E. Cargill, Rocky Mount, for defendant Lillie P. Melton, appellant.
Fields, Cooper, Henderson & Cooper by Leon Henderson, Jr., Rocky Mount, for defendant Pattie Lou Smith, appellant.
Hunter, Wharton & Lynch by V. Lane Wharton, Jr., Raleigh, for defendants Julie, Ann, and Linda K. Batts, appellants.
Keel, Lassiter & Duffy by Will H. Lassiter, III, Rocky Mount, for guardian ad litem.
Court of Appeals of North Carolina.
HEDRICK, Chief Judge.
The pertinent parts of R.B. Melton's last will and testament provide:
8(g) Upon the death of my daughter and my wife, if she then be my widow, the trust herein created shall be terminated and I give, devise and bequeath to the said Thomas O. Fulghum, W.B. Melton and Addison Hoyt Smith, or the survivor or survivors of them all of my estate, real, personal and mixed, in equal shares in fee simple.
8(h) For their services, said...
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