Efird v. Smith

• Decision Date: 26 June 1935
• Docket Number: 605.
• Citation: Efird v. Smith, 208 N.C. 394, 180 S.E. 581 (N.C. 1935)
• Parties: EFIRD et al. v. SMITH et al.
• Court: North Carolina Supreme Court

180 S.E. 581

208 N.C. 394

EFIRD et al. v. SMITH et al.

No. 605.

Supreme Court of North Carolina

June 26, 1935

STACY C.J., dissenting.

Appeal from Superior Court, Stanly County; Clement, Judge.

Action for accounting by W. T. Efird, Guardian of W. T. Efird, Jr. and others, against R. L. Smith and others, trustees under the will of John S. Efird, deceased.From a judgment of dismissal, the plaintiffs appeal.

Affirmed.

Assignment of error to signing of judgment dismissing action by beneficiaries under will for accounting by trustees under will could not be sustained where findings of fact supported judgment.

This is an action for an accounting by the defendants as trustees under the will of John S. Efird, deceased, to the plaintiffs as beneficiaries under said will.SeeIn re Will of Efird,195 N.C. 76, 141 S.E. 460.

The action was heard on affidavits submitted by both the plaintiffs and the defendants.

On the facts found by the judge, the motion of the plaintiffs for the relief prayed for in their complaint was denied.The action was dismissed, and the plaintiffs excepted and appealed to the Supreme Court, assigning as error the signing of the judgment.

Vann & Milliken, of Monroe, and Varser, McIntyre & Henry, of Lumberton, for appellants.

Manly Hendren & Womble, of Winston-Salem, Wm. H. Beckerdite, of Concord, and Cansler & Cansler, of Charlotte, for appellees.

PER CURIAM.

After hearing the affidavits submitted by both plaintiffs and defendants, and arguments of their counsel, the judge found as a fact and held as a matter of law that the plaintiffs had failed to make out a prima facie case against the defendanttrustees or any of them, to the effect that they have been guilty of any bad faith, misconduct, or other breach of trust in the administration of their trust as alleged in the complaint, or that the plaintiffs or other beneficiaries of said trust have suffered any loss or damage...