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KAPP v. KAPP

No. 273PA93.

442 S.E.2d 499 (1994)

336 N.C. 295

Artis K. KAPP, Michael W. Rowe, Melissa A. Rowe, Ruth S. Robertson, E. Daniel Speas, Jane S. Hutchens, Jenny Lynn, Joyce Preacher, Speas Joyce, John H. Kapp, Kenneth G. Speas, William Eugene Speas, and Lavern E. Speas v. William H. KAPP, and M. Keith Kapp, Individually and as Co-Executors of the Estate of Josephine P. Kapp, and Betty M. Kapp.

Supreme Court of North Carolina.

May 6, 1994.

Attorney(s) appearing for the Case

Clark, Wharton & Berry by David M. Clark, Frederick L. Berry and Virginia S. Schabacker, Greensboro, for plaintiffs-appellants and appellees.

Bell, Davis & Pitt, P.A. by William Kearns Davis and J. Dennis Bailey, Winston-Salem, for defendants-appellants and appellees.

WEBB, Justice.

The first question posed by this appeal is whether the Uniform Trusts Act, N.C.G.S. § 36A-60 et seq., applies to this case and if so whether, as contended by the plaintiffs, N.C.G.S. § 36A-78 and N.C.G.S. § 36A-66 forbid the executors from conveying the real property to William. We affirm the Court of Appeals and hold that the Act does not apply. N.C.G.S. § 36A-60 says:

As used in this Article unless the context or...

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