Fortune v. First Union National Bank

EAGLES, Judge.

I

Defendant first argues that the trial court erred in denying its motions for directed verdict and for judgment notwithstanding the verdict. Defendant contends that the evidence was insufficient to show it breached its fiduciary duty, and that Dale Fortune’s claims were barred by the statute of limitations. We disagree.

An executor acts in a fiduciary capacity to those who are beneficiaries of the estate. See Moore v. Bryson, 11 N.C. App. 260, 181 S.E. 2d 113 (1971); G.S. 32-2. G.S. 28A-13-10(c) provides that an executor of an estate is liable:

[F]or any loss to the estate arising…