# Wachovia Bank & Trust Co. v. Morgan

> Court of Appeals of North Carolina · October 21, 1970 · 9 N.C. App. 460

URL: https://www.frixlaw.com/law-library/cases/6729855

## Case

- **Full name:** WACHOVIA BANK AND TRUST COMPANY, N. A., JOHN C. WHITAKER and L. D. LONG, Trustees Under the Will of Mrs. Kate G. Bitting Reynolds v. ROBERT MORGAN, Attorney General of The State of North Carolina ST. JOSEPH'S HOSPITAL, INC. CHARLOTTE-MECKLENBURG HOSPITAL AUTHORITY (Formerly Charlotte Memorial Hospital) CITY OF WINSTON-SALEM NORTH CAROLINA BAPTIST HOSPITALS, INC. REX HOSPITAL DUKE UNIVERSITY WESLEY LONG HOSPITAL, INC. HICKORY MEMORIAL HOSPITAL, INC. HUGH CHATHAM MEMORIAL HOSPITAL, INC. PASQUOTANK COUNTY GOOD SAMARITAN HOSPITAL, INC. SOUTHEASTERN GENERAL HOSPITAL (Formerly Baker-Thompson Memorial Hospital, Inc.) TRUSTEES OF LINCOLN HOSPITAL ROCKY MOUNT SANITARIUM, INC. S. D. McPHERSON, Trading as McPherson Hospital LEXINGTON MEMORIAL HOSPITAL, INC. J. C. CASSTEVENS, Trading as Casstevens Clinic THE ASHEVILLE ORTHOPEDIC HOME, INC. PROVIDENCE HOSPITAL (Formerly Petrie Hospital, Inc.) ANSON COUNTY HOSPITAL (Formerly The Anson Sanatorium) FORSYTH COUNTY CITY OF RALEIGH WAKE COUNTY CUMBERLAND COUNTY PRESBYTERIAN HOSPITAL, INC. WATTS HOSPITAL SAMPSON COUNTY MEMORIAL HOSPITAL, INCORPORATED ONSLOW MEMORIAL HOSPITAL, INCORPORATED NEW HANOVER MEMORIAL HOSPITAL, INC. HENDERSON COUNTY (Operator of Margaret R. Pardee Memorial Hospital) WILSON MEMORIAL HOSPITAL, INC. MEMORIAL MISSION HOSPITAL OF WESTERN NORTH CAROLINA, INCORPORATED C. J. HARRIS COMMUNITY HOSPITAL, INCORPORATED OF SYLVA, NORTH CAROLINA MOREHEAD MEMORIAL HOSPITAL NORTH CAROLINA HOSPITAL ASSOCIATION
- **Court:** Court of Appeals of North Carolina
- **Decided:** October 21, 1970
- **Citations:** 9 N.C. App. 460; 176 S.E.2d 860; 1970 N.C. App. LEXIS 1390
- **Precedential status:** Published
- **Opinion:** Concurrence by Morris
- **Judges:** Brock, Graham, Morris
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6729855

## Opinion text

Judge Morris
concurring:
I am in accord with the result reached and with the reasons therefor. In addition, however, I feel compelled to state that I have considerable reservations with respect to the propriety and legal correctness of that portion of the judgment authorizing the trustees to “establish an Advisory Board of such persons as the Trustees may from time to time deem best suited to advise and counsel them in the application of trust income toward the promotion of health and medical care for the people of North Carolina in need of medical care or assistance.” The broadness of the order allowing the trustees to employ an Advisory Board could result in a complete delegation of duties by the trustees chosen by the testatrix, with the Advisory Board, for all practical purposes, acting as trustees. This, in my opinion, goes far beyond the employment, on a temporary basis, of experts for assistance and advice in a particular area and with respect to a particular question. Indeed, the judgment gives this authority to the trustees in addition to the employment of an Advisory Board.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6729855. Public record. Not legal advice.