Toomer v. Branch Banking and Trust Co.

McCULLOUGH, Judge.

Plaintiffs appeal from an order granting defendant’s motion to dismiss and motion for judgment on the pleadings. We affirm.

I

Plaintiffs Tracy Powell Toomer, Andrea Powell Keefe, and Erica Renee Clark are the children of the late Joan Brown Williamson, who died testate on 30 April 1982. Williamson’s Will created three equal and separate trusts, one each for Tracy, Andrea, and Erica. In the Will, United Carolina Bank (UCB) was nominated executor of Williamson’s estate and trustee of the trusts. The Will was admitted for probate in May 1982, at which time the superior court…