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TOOMER v. BRANCH BANKING AND TRUST CO.

No. COA04-599.

614 S.E.2d 328 (2005)

Tracy Powell TOOMER, Andrea Powell Keefe, and Erica Renee Clark, Plaintiffs, v. BRANCH BANKING AND TRUST COMPANY, as Trustee under the Will of Joan Brown Williamson and as successor-by-merger to United Carolina Bank, as Executor of the Estate of Joan Brown Williamson and Trustee under the Will of Joan Brown Williamson, Defendant.

Court of Appeals of North Carolina.

June 21, 2005.

Attorney(s) appearing for the Case

Erwin and Eleazer, P.A., by L. Holmes Eleazer, Jr., and Peter F. Morgan, Charlotte, for plaintiffs-appellants.

Murchison, Taylor & Gibson, P.L.L.C., by Andrew K. McVey and W. Berry Trice, Wilmington, for defendant-appellee.

McCULLOUGH, Judge.

Plaintiffs appeal from an order granting defendant's motion to dismiss and motion for judgment on the pleadings. We affirm.

I.

Plaintiffs Tracy Powell Toomer, Andrea Powell Keefe, and Erica Renee Clark are the children of the late Joan Brown Williamson, who died testate on 30 April 1982. Williamson's Will created three equal and separate trusts, one each for Tracy, Andrea, and Erica...

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