In re the Estate of Walker

WYNN, Judge.

On 21 July 1989, Samuel W. Walker executed an inter vivos revocable trust and a will naming appellant Wachovia Bank of North Carolina, N.A. (Wachovia) as both trustee and executor. The terms of the trust directed Wachovia, upon Mr. Walker’s death, to use all the trust income and principal for the support of Mr. Walker’s wife, Verda Morgan Walker. Mrs. Walker was adjudicated an incompetent in 1990 and Lurlene S. Millikan was appointed as her general guardian.

Mr. Walker died on 4 June 1991, and Wachovia was granted letters testamentary as executor of the estate. Mrs. Millikan wrote…