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HENDERSON v. WACHOVIA BANK

No. COA00-610.

551 S.E.2d 464 (2001)

Frances K. HENDERSON, Lindsay Anne Bullock, Seth Bullock, and Kaitlin Stell, Minors; Patrick Ryan McDuffy, Minor; and Anne Lamm McDuffy, Minor; by and through their Guardian Ad Litem, Philip R. Isley, Plaintiffs, v. WACHOVIA BANK OF NORTH CAROLINA, N.A., Defendant.

Court of Appeals of North Carolina.

August 21, 2001.

Attorney(s) appearing for the Case

The Sanford Holshouser Law Firm P.L.L.C., by Kieran J. Shanahan, Raleigh, for plaintiffs-appellees.

Womble Carlyle Sandridge & Rice, P.L.L.C., by Burley B. Mitchell, Jr., Raleigh, for defendant-appellant.

TIMMONS-GOODSON, Judge.

Frances K. Henderson et al. (plaintiffs), originally instituted an action against Wachovia Bank of North Carolina, N.A. (defendant) on 31 May 1994, which they voluntarily dismissed without prejudice. Plaintiffs again filed an action on 18 January 1996, claiming, inter alia, breach of fiduciary duty and unfair trade practices in regard to the alleged mismanagement and administration of three testamentary family trusts for which defendant...

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