Tyson v. North Carolina National Bank

CARLTON, Justice.

I

Plaintiff initiated this action by complaint filed 11 July 1979 alleging that defendant had breached certain fiduciary duties as executor of her husband’s estate and as trustee of two testamentary trusts. Defendant’s answer asserted that plaintiff had failed to state a claim for which relief could be granted, denied that it had breached any duties owed plaintiff, and asserted as defenses the statute of limitations, estoppel, laches, and that plaintiff’s action constituted an impermissible collateral attack on a prior adjudication.

The essential facts of the controversy are…