Kapp v. Kapp

WEBB, Justice.

The first question posed by this appeal is whether the Uniform Trusts Act, N.C.G.S. § 36A-60 et seq., applies to this case and *300if so whether, as contended by the plaintiffs, N.C.G.S. § 36A-78 and N.C.G.S. § 36A-66 forbid the executors from conveying the real property to William. We affirm the Court of Appeals and hold that the. Act does not apply. N.C.G.S. § 36A-60 says:

As used in this Article unless the context or subject matter otherwise requires:(4) “Trust” means an express trust only.

N.C.G.S. § 36A-60 (1984).

Nothing in the language of Josephine’s will expressly creates a…