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FINCH v. WACHOVIA BANK & TRUST CO., N.A.

No. COA02-583.

577 S.E.2d 306 (2003)

Helen Crowder FINCH, Plaintiff, v. WACHOVIA BANK & TRUST CO., N.A., individually and as Trustee under a Trust Established by Harry Browne Finch; Charles Finch, and Sharon Finch, Defendants.

Court of Appeals of North Carolina.

March 4, 2003.

Attorney(s) appearing for the Case

Brinkley Walser, by Walter F. Brinkley and David E. Inabinett, Lexington, for plaintiff.

Hill, Evans, Duncan, Jordan & Beatty, P.L.L.C., by R. Thompson Wright and Tommy S. Blalock, Greensboro, for defendant Charles Finch.

Morgan, Herring, Morgan, Green, Rosenblutt & Gill, PLLC, by John Haworth, High Point, for defendant Wachovia Bank & Trust Co.

TYSON, Judge.

I. Background

Helen Crowder Finch, ("plaintiff") is the 83-year-old widow of Harry Browne Finch, ("testator"). The Finches were married for 46 years and raised three children, Sharon, Charles, and Bruce. Testator died 19 January 1988 and left a will giving (1) 15% of his total estate to charity and (2) a marital trust for the benefit of plaintiff during her lifetime with the remainder to go to the children. Wachovia Bank & Trust...

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