FIRST CHARTER BANK v. AMERICAN CHILDREN'S HOME

No. COA09-1232.

692 S.E.2d 457 (2010)

FIRST CHARTER BANK, Trustee of The Last Will and Testament of Joseph F. Cannon, Dated April 26, 1932, Petitioner, v. AMERICAN CHILDREN'S HOME, Stonewall Jackson Youth Development Center, The Masonic Home For Children at Oxford, Inc., Boy's And Girls' Club of Cabarrus County, Inc., Nazareth Children's Home, Inc., Concord Fire Department, Barium Springs Home for Children, The Children's Home, Inc., Forest Hill United Methodist Church, Grandfather Home for Children, Inc., Stacy C. Eggers, IV, as Administrator CTA of the Estate of Annie L. Cannon, Joseph Ervin Morris, as Executor of the Estate of Mary Cannon Morris, R. Michael Allen, as Administrator CTA of the Estate of Joseph F. Cannon, Jr., and John Doe, as personal representative of the Estate of Anne Cannon Stouffer, Respondents.

Court of Appeals of North Carolina.

May 4, 2010.


Attorney(s) appearing for the Case

Moore & Van Allen, PLLC, by Robert C. Bowers, Tonya L. Mitchell, and Andrea C. Chomakos, Charlotte, for petitioner-appellee.

Roy Cooper, Attorney General, by Gail E. Dawson, Special Deputy Attorney General, for respondent-appellee Stonewall Jackson Youth Development Center.

Edmundson & Burnette, L.L.P., by James T. Duckworth, III, Oxford, for respondent-appellee The Masonic Home for Children at Oxford, Inc.

Hamilton Moon Stephens Steele & Martin, PLLC, by Keith J. Merritt, Charlotte, and City Attorney's Office, by Albert M. Benshoff, Concord, for respondent-appellee Concord Fire Department.

Womble Carlyle Sandridge & Rice, PLLC, by Elizabeth K. Arias and Sarah L. Buthe, Raleigh, for respondents-appellees The Children's Home, Inc., Nazareth Children's Home, Inc., and Barium Springs Home for Children.

Hartsell & Williams, PA, by Samuel F. Davis, Jr., Concord, for respondent-appellee Forest Hill United Methodist Church.

Respess & Jud, by W. Russ Johnson, III and W. Wallace Respess, Jr., Lenoir, for respondent-appellee Grandfather Home for Children, Inc.

Eggers, Eggers, Eggers, & Eggers, by Stacy C. Eggers, IV, Boone, for respondent-appellee Stacy C. Eggers, IV, as Administrator CTA of the Estate of Annie L. Cannon.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Adam P.M. Tarleton and H. Arthur Bolick, II, Raleigh, for respondent-appellant Joseph Ervin Morris, as Executor of the Estate of Mary Cannon Morris.


MARTIN, Chief Judge.

Our recitation of the facts and procedural history of the case is limited to those events deemed relevant to the issues before us on appeal. When Joseph F. Cannon ("Settlor") died in 1939, he was survived by his wife, Annie L. Cannon, and their three children, Anne Cannon Reynolds (later Anne Cannon Stouffer), Mary E. Cannon (later Mary Cannon Morris), and Joseph F. Cannon, Jr. Prior to his death, Settlor executed a last will and testament dated...

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