KEITH v. WALLERICH

No. COA08-1444.

687 S.E.2d 299 (2009)

Edgar Barnes KEITH, Jr., Co-Trustee of the Lynn Regnery Trust "B", Petitioner, v. Gretchen WALLERICH, Co-Trustee of the Lynn Regnery Trust "B"; Lynn Regnery, Beneficiary; Seth Anderson; and John William Regnery, Respondents.

Court of Appeals of North Carolina.

December 22, 2009.


Attorney(s) appearing for the Case

Culbreth Law Firm, LLP, by Stephen E. Culbreth, Wilmington, for petitioner-appellant.

Marshall, Williams & Gorham, LLP, by Lonnie B. Williams, Wilmington, for respondents-appellees.


STEELMAN, Judge.

The superior court was required to give full effect to the prior valid and binding order of the district court. The superior court could not order the transfer of real property when the record owner was not a party to the proceeding.

I. Factual and Procedural Background

Pursuant to a will dated 11 August 1955, Frederick L. Regnery provided for the creation of a trust upon his death. On 2 February 1966, the will and trust provisions...

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