In Re Michal

When the trustees opened an account in the bank and deposited funds of the trust estate therein, a contractual relation between them and the bank was created, whereby the bank became the debtor of the trustees. Nationwide Homes v. Trust Co., 267 N.C. 528, 148 S.E. 2d 693; Bank v. Weaver, 213 N.C. 767, 197 S.E. 551; Woody v. Bank, 194 N.C. 549, 140 S.E. 150, 58 A.L.R. 725. The right?, if any, of the petitioner, as surviving trustee, to draw a check upon that account and to proceed against the drawee bank for its refusal to honor the check arises out of and is governed by that contract. The…