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IN RE ESTATE OF WALKER

No. 9319SC127.

438 S.E.2d 426 (1994)

In re the ESTATE OF Samuel W. WALKER, Deceased.

Court of Appeals of North Carolina.

January 18, 1994.

Attorney(s) appearing for the Case

Wyatt Early Harris Wheeler & Hauser by William E. Wheeler, High Point, for appellant Wachovia Bank of North Carolina, N.A.

Ivey and Wilhoit by William W. Ivey, Asheboro, for appellee Lurlene S. Millikan.

WYNN, Judge.

On 21 July 1989, Samuel W. Walker executed an inter vivos revocable trust and a will naming appellant Wachovia Bank of North Carolina, N.A. (Wachovia) as both trustee and executor. The terms of the trust directed Wachovia, upon Mr. Walker's death, to use all the trust income and principal for the support of Mr. Walker's wife, Verda Morgan Walker. Mrs. Walker was adjudicated an incompetent in 1990 and Lurlene S. Millikan was appointed as her general guardian...

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