First Union National Bank v. Melvin
Supreme Court of North Carolina
1Opinion of the CourtSharp, J.
On this appeal each answering defendant makes contentions in accordance with his pecuniary interest. The plaintiff executor contends that the judgment of the Superior Court is correct except as to Ruling No. 3. However, as we have repeatedly held, the executor is not a party aggrieved entitled to appeal when the Superior Court directs a distribution 'among beneficiaries contrary to his ideas. For an executor to appeal the judgment must be prejudicial to the estate. Trust Co. v. Bryant, 258 N.C. 482, 128 S.E. 2d 758; Ferrell v. Basnight, 257 N.C. 643, 127 S.E. 2d 219; Dickey v. Herbin, 250…
2Cases cited17 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Baptist Female University v. BordenSupreme Court of North Carolina · 1903
- University v. . BordenSupreme Court of North Carolina · 1903
- WACHOVIA BANK AND TRUST COMPANY v. BryantSupreme Court of North Carolina · 1963
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Coburn v. Roanoke Land and Timber CorporationSupreme Court of North Carolina · 1963
- Alexandria National Bank v. ThomasSupreme Court of Virginia · 1973
- Tolson v. YoungSupreme Court of North Carolina · 1963
- Adams v. AdamsSupreme Court of North Carolina · 1964
- FIRST UNION NATIONAL BANK OF NC v. MelvinSupreme Court of North Carolina · 1963