Fox v. Fox

Syllabus

trusts and estates North Carolina Uniform Trust Code trial court did not err in dismissing claims for breach of fiduciary duty, constructive fraud, and civil conspiracy against trustees as individuals because breach of fiduciary duty claim stated time-barred claim challenging the validity of trust, claim for breach of trust against defendants as trustees did not state individual capacity claim, complaint failed to allege special circumstances creating fiduciary relationship as a matter of fact between beneficiary and trustees, and claim for civil conspiracy against trustees as individuals did not state an independent basis of liability claims for breach of trust against trustees and claims for constructive fraud and civil conspiracy against trustees in their capacity as trustees were legally sufficient and trial court erred in dismissing them