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GIBBONS v. COLE

No. COA98-764.

513 S.E.2d 834 (1999)

Virginia GIBBONS, Alberta G. Covington, Bridget Gibbons McNair and Kathleen Gibbons Shue, Plaintiffs-Appellants, v. Dawn Royston COLE, Philip Royston, Wachovia Bank of North Carolina, N.A., Trustee of the John P. Gibbons Trust, and Mary Elizabeth Gibbons Sutherland, now deceased, Defendants-Appellees.

Court of Appeals of North Carolina.

April 6, 1999.

Attorney(s) appearing for the Case

Shipman & Associates, L.L.P. by Gary K. Shipman and C. Wes Hodges, Jr., Wilmington, for plaintiff-appellants.

Etheridge, Moser, Garner & Bruner, P.A. by Terry R. Garner and Christopher N. Heiskell, Laurinburg, for defendant-appellees.

Hunton & Williams, by Albert Diaz, Raleigh, for defendant Wachovia.

Thigpen & Jenkins, L.L.P. by James H. Jenkins, Southern Pines, for defendant Mary Elizabeth Gibbons Sutherland (deceased).

EAGLES, Chief Judge.

The primary issue before us is whether, pursuant to G.S. 48-1-106(e), the two adopted children of Gibbons' daughter, Virginia Gibbons Royston, are entitled to take as "issue" or "descendants" under the terms of the irrevocable inter vivos trust created by Gibbons in 1935. G.S. 48-1-106(e) provides:

In any deed, grant, will, or other written instrument executed before October 1, 1985, the words...

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