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CALTON v. CALTON

No. 9410SC595.

456 S.E.2d 520 (1995)

118 N.C. App. 439

W.C. CALTON, Jr. and Mary H. Calton, Executors of the Estate of Wilburn Clyde Calton, Plaintiffs, and Phillip Byron Calton, Individually and as a shareholder of North Carolina Equipment Company, Intervenor-Plaintiff, v. Renneth Javan ("Van") CALTON, W.C. Calton, Jr., Raymond H. Kees, and Howard E. Manning, Trustees of the "Stock Trust" created under the Will of W.C. Calton, Mary C. Fernandez DeCastro, Renneth Javan Calton, Phillip Byron Calton, W.C. Calton, Jr. and Mary H. Calton, Trustees of the "Marital Trust" created under the Will of W.C. Calton, and North Carolina Equipment Company, Defendants.

Court of Appeals of North Carolina.

April 4, 1995.

Attorney(s) appearing for the Case

Gulley, Kuhn & Taylor, L.L.P., by Jack P. Gulley and David J. Kuhn, Raleigh, for plaintiffs-appellees.

William E. West, Jr., Winston-Salem, for intervenor-plaintiff-appellee.

Hunter, Wharton & Stroupe, by John V. Hunter III, Raleigh, for defendants-appellants Renneth Javan Calton, Raymond H. Kees, and Howard E. Manning, Trustees of the Stock Trust.

Moore & Van Allen, PLLC, by Joseph W. Eason and A. Bailey Nager, and Law Offices of Raymond Mason Taylor, by Raymond M. Taylor, Raleigh, for defendant-appellant North Carolina Equipment Co.

LEWIS, Judge.

W.C. Calton, Sr. (hereinafter "Mr. Calton") died testate on 29 July 1990. At his death, he owned 610 shares of Class A voting common stock and 2,779 shares of Class B non-voting common stock in North Carolina Equipment Company (hereinafter "NCEC" or "the company"). His will left the Class A stock to a testamentary "stock trust" and the Class B stock to a testamentary "marital trust." The stock trust was to be administered by Renneth Javan ("Van") Calton...

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