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Civil Practice – Judicial Admission – Real Property – Trusts & Estates

Turner v. Hammocks Beach Corp. (Lawyers Weekly No. 12-16-1259, 14 pp.) (Wanda G. Bryant, J.) Appealed from Wake County Superior Court (Carl R. Fox, J.) N.C. App. Unpub.

Holding: Where the N.C. State Board of Education made judicial admissions disclaiming any interest in a trust that administers real property in Onslow County, and where the Board admitted that it “may not serve as successor trustee,” the trial court should not have appointed the Board as trustee of the trust.

We reverse the order appointing the Board as successor trustee. Remanded.


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