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MORRIS v. E.A. MORRIS CHARITABLE FOUNDATION

No. COA03-189.

589 S.E.2d 414 (2003)

Mary C. MORRIS, Cornelia K. Wily; and Joseph Ervin Morris, Plaintiffs, v. The E.A. MORRIS CHARITABLE FOUNDATION; Wachovia Bank of North Carolina, N.A., Trustee; John S. Thomas, Trustee; Roy Cooper, Attorney General of the State of North Carolina, Defendants.

Court of Appeals of North Carolina.

December 16, 2003.

Attorney(s) appearing for the Case

Maupin Taylor & Ellis, P.A., by Charles L. Steel, IV, M. Keith Kapp, Tyler L. Randolph, and Kevin W. Benedict, Durham, for plaintiff-appellants.

Robinson, Bradshaw & Hinson, P.A., by Robert W. Fuller, Charlotte, for plaintiff-appellee E.A. Morris Charitable Foundation.

Womble Carlyle Sandridge & Rice, P.L.L.C., by Debbie W. Harden, Charlotte, for plaintiff-appellee Wachovia Bank of North Carolina, N.A.

Teague, Campbell, Dennis & Gorham, L.L.P., by George W. Dennis, III, and Jacob H. Wellman, Raleigh, for plaintiff-appellee John Thomas, Trustee.

Attorney General Roy Cooper, by Assistant Attorney General Kay L. Hobart.

LEVINSON, Judge.

This appeal arises from a suit filed by plaintiffs (Mary Morris, Joseph Morris, and Cornelia Wily) seeking to change the remainder beneficiary of four trusts. Two of these trusts were established in 1993 by E.A. Morris; the other two were established in 1999 by Mary Morris. Each trust names one of the plaintiffs as lifetime income beneficiary, and all four trusts name the E.A. Morris Charitable Foundation (the Foundation) as the charitable remainder...

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