IN THE MATTER OF CHARNOCK

No. COA02-820.

579 S.E.2d 887 (2003)

In the Matter of the Testamentary Trust of Ethylene R. CHARNOCK, Deceased.

Court of Appeals of North Carolina.

May 20, 2003.


Attorney(s) appearing for the Case

Wyatt Early Harris Wheeler, L.L.P., by William E. Wheeler, High Point, for petitioners-appellants.

Molly N. Howard, High Point, for guardian ad litem-appellee.

Schoch & Schoch, by Arch K. Schoch IV, High Point, and Robinson, Bradshaw & Hinson, P.A., by Graham D. Holding, Jr. and Edward F. Hennesey, IV, Charlotte, for respondent-appellee.


LEVINSON, Judge.

Petitioners-appellants appeal from an order dismissing for lack of subject matter jurisdiction their petition for modification of an irrevocable trust, and from an order taxing costs to appellants. For the reasons that follow, we affirm.

The pertinent facts are summarized as follows: On 2 February 2000, Ethylene R. Charnock (decedent) died testate, leaving a Last Will and Testament (the will) dated 8 July 1999. Item III of the will provided...

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