Cheshire v. First Presbyterian Church of Raleigh

The plaintiff alleged in his complaint that “he is the duly appointed, qualified and acting trustee under the will of Laura E. Cosby, deceased.” A copy of the will, dated 3 March, 1917, was attached. From this it appeared that the testatrix appointed W. N. Jones executor, and that a trust was created for the benefit of B. H. Cosby during his natural life. B. H. Cosby died 14 November, 1940, and defendant Hartshorn is administrator of his estate.

It was further alleged that the plaintiff “and his predecessors as trustee, namely, "William Bailey Jones and W. N. Jones, have filed annual accounts…