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IN RE TESTAMENTARY TRUST OF CHARNOCK

No. 326A03.

597 S.E.2d 706 (2004)

358 N.C. 523

In the Matter of the TESTAMENTARY TRUST OF Ethylene R. CHARNOCK, Deceased.

Supreme Court of North Carolina.

June 25, 2004.

Attorney(s) appearing for the Case

Wyatt Early Harris Wheeler, LLP, by William E. Wheeler, High Point, for petitioner-appellants Sabrina C. Schumaker, Cleta Mae Kearns, Bernice Ragsdale, Delbert Ragsdale, Faedene Maness, and Daisy Vestal.

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

Robinson, Bradshaw & Hinson, P.A., by Edward F. Hennessey, IV, Charlotte, for respondent-appellee Ben Farmer.

PARKER, Justice.

The issue before this Court is whether the Court of Appeals erred in affirming an order dismissing petitioners' case for lack of subject matter jurisdiction.

On 8 July 1999 Ethylene R. Charnock (decedent) executed a will that had been prepared for her by respondent Ben Farmer. Ms. Charnock's will left her entire estate in an irrevocable trust for the benefit of her daughter, Sabrina C. Schumaker (Schumaker), for life. The trust provided that...

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