Welch v. Wachovia Bank & Trust Co.
Supreme Court of North Carolina
Appeal by defendant, Wachovia Bank and Trust Company, Administrator d. h. n., c. i. aof the estate of J. C. Welch, Sr., deceased, from Nettles, J., at February Civil Term, 1946, of Gtjileobd (Greensboro Division). Civil action for termination of testamentary trust and for final settlement of administration of estate of J. 0. Welch, Sr., deceased, to which defendant Wachovia Bank and Trust Company, as administrator d. i. n., c. t. a., of estate of J. C. Welch, Sr., deceased,…
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Appeal by defendant, Wachovia Bank and Trust Company, Administrator d. h. n., c. i. aof the estate of J. C. Welch, Sr., deceased, from Nettles, J., at February Civil Term, 1946, of Gtjileobd (Greensboro Division). Civil action for termination of testamentary trust and for final settlement of administration of estate of J. 0. Welch, Sr., deceased, to which defendant Wachovia Bank and Trust Company, as administrator d. i. n., c. t. a., of estate of J. C. Welch, Sr., deceased, and as Trustee under his last will and testament, by permission of court filed cross action for declaratory judgment, as…
1Opinion of the CourtWinborne, J.
The exceptions to the conclusions of law, assigned by appellant as errors in the judgment below, raise several questions — the primary one being whether the powers vested in the executrix and the executor, or the survivor of them, under the provisions of the will of J. C. Welch, Sr., are personal to, and discretionary with them. If so, whether such powers may be exercised by an administrator de bonis non, cum testamento annexo. As to these the ruling of the court below seems to be in accord with pertinent legal principles.
The powers of an executor, or trustee, are personal in their relation…
2Cases cited7 opinions
- Fisher v. . FisherSupreme Court of North Carolina · 1940
- Young v. . YoungSupreme Court of North Carolina · 1887
- McAfee v. Green.Supreme Court of North Carolina · 1906
- Baker v. . McAdenSupreme Court of North Carolina · 1896
- Doe v. EttenheimWisconsin Supreme Court · 1939
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Woodard v. MordecaiSupreme Court of North Carolina · 1951
- Butt v. Bank of America, N.A.Court of Appeals for the Tenth Circuit · 2007
- Poindexter v. WACHOVIA BANK AND TRUST COMPANYSupreme Court of North Carolina · 1963
- Estate of Council v. CommissionerUnited States Tax Court · 1975
- Pippin v. BarkerSupreme Court of North Carolina · 1951
1 more not listed; retrieve them via the Exa API.