Dunn v. Cook

STROUD, Judge.

Thomas Dunn (“plaintiff’) appeals from an order granting the motion of Alfred W. Cook, Jr., individually and as trustee of the Lavóla Carender Living Trust (referred to collectively as “defendants”), to remove this action from Durham County to Watauga County. As the remainder beneficiaries of the trust are necessary parties to this action, we reverse the order of the trial court allowing the change of venue and remand to the Superior Court of Durham County for further proceedings.

I. Background

Lavóla Carender established the Lavóla Carender Living Trust (“the trust”) in 1994 and…