Exum v. Exum (Lawyers Weekly No. 14-16-0315, 18 pp.) (Sam Ervin IV, J.) Appealed from Wake County Superior Court (Lucy Inman, J.) N.C. App. Unpub. Holding: In this case involving a bench trial as to the meaning of a will, ...Read More »
Trusts and Estates
Bland v. Harold L. & Audree S. Mills Charitable Remainder Unitrust (Lawyers Weekly No. 14-16-0081, 15 pp.) (Chris Dillon, J.) Appealed from Cabarrus County Superior Court (Richard L. Doughton, J.) N.C. App. Unpub. Holding: Even if, as defendants argue, plaintiff’s ...Read More »
Estate of Joyner v. Joyner (Lawyers Weekly No. 14-07-0005, 7 pp.) (Robert C. Hunter, J.) Appealed from Lenoir County Superior Court (Phyllis M. Gorham, J.) N.C. App. Holding: Even if the decedent’s husband constructively abandoned her for the last six ...
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THZ Holdings, LLC v. McCrea Even though the trustee lent the trust money to buy a home for the beneficiaries, there was no deed of trust on the real property, and the subsequently-executed “credit advance agreement” between the trustee and the trust provided that the trust was to repay the trustee by Dec. 31, 2018. When the trustee transferred title to the real property to himself individually in exchange for forgiveness of the purchase-money debt, this was a breach of trust.
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In re Hendrick After their late-in-life marriage, the decedent and the widow only lived together for about a month before the widow moved back to the city from the decedent’s country home. There was evidence to support the trial court’s findings as to the couple’s continuing relationship – visits, dates, and weekend trips together, as well as the decedent’s caring for the widow when she was disabled by dementia. The trial court’s findings support its conclusion that the widow did not willfully abandon the decedent.
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Halstead v. Plymale The testatrix’s will, as a whole, indicates her intent to disinherit her estranged husband and to leave her entire residuary estate to respondent; therefore, an ambiguous line in the residuary clause is construed so as to carry out the testatrix’s intent.
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Trusts & Estates – Civil Practice – Statute of Limitations – First Impression – Continuing Wrong Doctrine – Inapplicable
Robert K. Ward Living Trust v. Peck : The plain language of G.S. § 36C-10-1005 indicates that the continuing wrong doctrine does not apply in this case. Once defendant resigned as trustee, his acts as trustee ended; at that point, the five-year statute of limitations in § 36C-10-1005 began to run.
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Trusts & Estates – Real Property – Judicial Sale – Confirmation – Consent Order – Civil Practice – Appeals – Jurisdiction
Britt v. West Although a consent order specified that one tract of land would be divided between two of the testatrix’s children before other tracts were judicially sold, both plaintiffs’ and defendants’ attorneys actively participated in the judicial sales. Plaintiffs cite no authority suggesting that the order of dealing with the tracts would make the judicial sale of two tracts invalid.
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Tort/Negligence – Malicious Prosecution – Initiation – Restatement Standard — Giving Information to Police
North Carolina Farm Bureau Mutual Insurance Co. v. Cully’s Motorcross Park, Inc. Even though defendant Volpe would probably never have been charged with obtaining property by false pretenses if the plaintiff-insurance company’s investigator had not told a police sergeant the results of his investigation, we reject this “but for” standard as the method for proving the initiation element of malicious prosecution.
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