Wachovia Bank and Trust Company v. Johnston

'BRANCH, J.

The appellants present these questions:

I. Did the trial court err in holding that there is sufficient evidence of the existence of an emergency, contingency or exigency which threatens to frustrate the purposes of the testamentary trust of Leila Johnston Waddell and which necessitates a sale of the trust res?

II. Did the trial court err in finding that there is sufficient evidence that the proposed sale will materially enhance the interests of all possible beneficiaries of the trust?

III. Did the trial court err in holding that there is sufficient evidence that the testatrix would…