Legal Opinion

In Re the Testamentary Trust of Charnock

Court of Appeals of North Carolina

Decided May 20, 2003No. COA02-820PublishedCited by 6 opinions

1Opinion of the Court

LEVINSON, Judge.

Petitioners-appellants appeal from an order dismissing for lack of subject matter jurisdiction their petition for modification of an irrevocable trust, and from an order taxing costs to appellants. For the reasons that follow, we affirm.

The pertinent facts are summarized as follows: On 2 February 2000, Ethylene R. Charnock (decedent) died testate, leaving a Last Will and Testament (the will) dated 8 July 1999. Item III of the will provided for the creation of an irrevocable testamentary trust (the trust) to which decedent bequeathed her entire estate. The trust named attorney…

2Cases cited15 opinions

  1. Faircloth v. Lundy Packing Co.Court of Appeals for the Fourth Circuit · 1996
  2. Woodard v. MordecaiSupreme Court of North Carolina · 1951
  3. Harris v. PembaurCourt of Appeals of North Carolina · 1987
  4. Fowler v. ValencourtSupreme Court of North Carolina · 1993
  5. State ex rel. Utilities Commission v. Lumbee River Electric Membership Corp.Supreme Court of North Carolina · 1969

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3Cited by6 opinions

  1. In re the Testamentary Trust of CharnockSupreme Court of South Carolina · 2004
  2. Heinitsh v. WACHOVIA BANK, NAT. ASS'NCourt of Appeals of North Carolina · 2008
  3. Barefoot v. BarefootNorth Carolina Business Court · 2022
  4. Hampton v. HanzelNorth Carolina Business Court · 2018
  5. Heinitsh v. Wachovia Bank, National Ass'nCourt of Appeals of North Carolina · 2008

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