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BRANCH BANKING AND TRUST CO. v. STAPLES

No. COA94-991.

461 S.E.2d 921 (1995)

BRANCH BANKING AND TRUST COMPANY, as Executor of the Estate of Abbie P. Carr, Deceased, and as Trustee under the Will of A.B. Carr for the Abbie P. Carr Trust, Plaintiff, v. Joseph A. STAPLES, III, Matthew L. Carr, and Joy H. Carr as Administratrix of the Estate of A.B. Carr, Jr., Deceased, Defendants.

Court of Appeals of North Carolina.

September 19, 1995.

Attorney(s) appearing for the Case

Poyner & Spruill, L.L.P. by Curtis A. Twiddy and Thomas H. Davis, Jr., Raleigh, for plaintiff-appellee Branch Banking and Trust Co.

Connor, Bunn, Rogerson & Woodard, P.A. by David W. Woodard, Julie M. Watson, C. Timothy Williford and David M. Connor, Wilson, for defendants-appellants Matthew L. Carr and Joy H. Carr.

Colombo, Kitchin & Johnson by Michael A. Colombo and Thomas H. Johnson, Jr., Greenville, for defendant-appellee Joseph A. Staples, III.

JOHN C. MARTIN, Judge.

The facts giving rise to this declaratory judgment action have been stipulated and may be briefly summarized as follows: A.B. Carr and Abbie P. Carr married in 1970. Pursuant to the terms of a prenuptial agreement, A.B. Carr executed a will in which he bequeathed $40,000.00 to Abbie Carr and left his residuary estate in trust. Abbie Carr was to receive seventy-five percent of the net income of the trust for her lifetime; A.B. Carr's two sons...

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