Legal Opinion

Wing v. Wachovia Bank & Trust Co.

Court of Appeals of North Carolina

Decided January 8, 1980No. 7910SC201Published

1Opinion of the Court

VAUGHN, Judge.

This is a proper case for declaratory relief in the form of instructions to the trustee under the Uniform Declaratory Judgment Act, G.S. Chap. 1, Art. 26. “This article is declared to be remedial, its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and it is to be liberally construed and administered.” G.S. 1-264; see also G.S. 1-256. A trustee can obtain a declaration of rights concerning any question arising in the administration of a trust. G.S. 1-255(3). Litigation of the issues now raised…

2Cases cited21 opinions

  1. North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
  2. Wilson v. AndersonSupreme Court of North Carolina · 1950
  3. McCallum v. . McCallumSupreme Court of North Carolina · 1914
  4. Poindexter v. WACHOVIA BANK AND TRUST COMPANYSupreme Court of North Carolina · 1963
  5. Ferguson v. . FergusonSupreme Court of North Carolina · 1945

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