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FIRST UNION NAT. BANK v. INGOLD

No. COA99-270.

523 S.E.2d 725 (1999)

FIRST UNION NATIONAL BANK, Executor of the Estate of F. Bernard Ingold, Plaintiff, v. Frances Y. INGOLD, Phoebe Ingold Spratt, Alice S. Herman, Barney M. Spratt, Dr. C. Jean Spratt, W. Andrew Spratt, individually and as guardian/custodian of Thomas A. Spratt (a minor), Jennifer H. Warren, Defendants.

Court of Appeals of North Carolina.

December 30, 1999.

Attorney(s) appearing for the Case

Tate, Young, Morphis, Bach & Taylor, by Wayne M. Bach and Kevin C. McIntosh, Hickory, for plaintiff-appellee First Union National Bank.

Sigmon, Clark, Mackie, Hutton & Hanvey, P.A., by William R. Sigmon and Stephen L. Palmer, Hickory, for defendant-appellant Frances Y. Ingold.

Patrick, Harper & Dixon, by Stephen M. Thomas, Hickory, for defendant-appellees Phoebe Ingold Spratt, Alice S. Herman, Barney M. Spratt, Dr. C. Jean Spratt, W. Andrew Spratt, Debbie Darling Spratt as guardian ad litem of Thomas A. Spratt (a minor), and Jennifer H. Warren.

Shirley H. Anthony, Hickory, Guardian Ad Litem for the minor and unborn issue of defendant Phoebe Ingold Spratt, who did not otherwise have a guardian.

HUNTER, Judge.

Defendant Frances Y. Ingold ("appellant") appeals the judgment of superior court wherein it determined F. Bernard Ingold's ("decedent") last will and testament ("will") had no effect on the administration of a trust agreement ("Ingold Trust") executed by decedent. We reverse, concluding that a general power of appointment was reserved by decedent in the Ingold Trust and it was exercised by the residuary clause in his will.

The present action...

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