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ZIADY v. CURLEY

No. 11558.

396 F.2d 873 (1968)

Alex James ZIADY, Jr., by his next friend, Mary Catherine Reed, Appellant, v. Julia Ziady CURLEY, Individually, Julia Ziady Curley, Trustee for Alex James Ziady, Jr., under the last will and testament of Alex James Ziady; and Julia Ziady Curley, Guardian for Alex James Ziady, Jr., by appointment of the Superior Court of Johnston County, North Carolina, Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 12, 1968.

Attorney(s) appearing for the Case

John V. Hunter, III, Raleigh, N. C., for appellant.

L. Austin Stevens, (E. V. Wilkins, Smithfield, N. C., on brief) for appellees.

Before BOREMAN and WINTER, Circuit Judges, and MERHIGE, District Judge.

WINTER, Circuit Judge:

The infant plaintiff, by his next friend, sued the defendant, individually and as testamentary trustee under the will of the infant plaintiff's deceased father, and also as court-appointed guardian of the property and estate of the infant plaintiff, to surcharge her by reason of her administration of the trust estate, and to effect her removal as trustee and the appointment of a successor trustee. Plaintiff alleged that he was a citizen of New...

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