HONEYCUTT v. FARMERS & MERCHANTS BANK

No. COA96-1266.

487 S.E.2d 166 (1997)

Jean N. HONEYCUTT, Plaintiff, v. FARMERS & MERCHANTS BANK, Defendant and Third Party Plaintiff, Bobby R. Newsome, Third Party Defendant.

Court of Appeals of North Carolina.

July 15, 1997.


Attorney(s) appearing for the Case

Hornthal, Riley, Ellis & Maland, L.L.P. by L.P. Hornthal, Jr. and L. Kathryn Slocumb, Elizabeth City, for third party defendant-appellee.

D. Keith Teague, P.A. by Danny Glover, Jr., Elizabeth City, for plaintiff-appellant.


WALKER, Judge.

Plaintiff, Jean N. Honeycutt (Honeycutt), and third party defendant, Bobby R. Newsome (Newsome), are brother and sister. Their mother is the late Louise W. Newsome (Mrs. Newsome).

On 2 April 1993, Mrs. Newsome executed a durable power of attorney naming Honeycutt attorney-in-fact. Later, on 30 July 1993, Mrs. Newsome established a trust account with defendant Farmers & Merchants Bank (the Bank) naming Newsome as beneficiary with right of...

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