First-Citizens Bank & Trust Company v. Carr

BRANCH, Justice.

The principal question presented by this appeal is whether Trustee must partition the real estate remaining in the corpus of the trust between the beneficiaries.

The will contained the following material provisions pertinent to decision:

ITEM V:.... said Trustee shall have the unrestricted right and full power and authority:

1. (b) To retain the properties now or hereafter received by it or to dispose of them as and when it shall deem advisable by public or private sale or exchange or otherwise, for cash or upon credit or partly for cash and partly upon credit and upon such terms…