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Trusts & Estates — Wills – Patent Ambiguity – ‘Personal Property’ – Specific Bequests & Residuary Beneficiaries
Where (1) a will bequeathed the testator’s “personal property,” including his automobile, to defendant; (2) the will went on to direct that certain personal property—including the testator’s motor vehicles—be sold […]
Trusts & Estates — Removed Administratrix – Real Property Sale – Gatekeeper Order
At the time the public administrator filed a petition to sell a decedent’s real property in order to pay debts and expenses of the decedent’s estate, a contractor claimed a […]
Trusts & Estates — Amendment – Power of Appointment – Civil Practice – Collateral Estoppel – Attorneys – Tort/Negligence – Legal Malpractice
In this legal malpractice action, the defendant-attorney and law firm contend that collateral estoppel bars the plaintiff-trustee and executor from re-litigating the issue of a testatrix’s intent with respect to […]
Trusts & Estates — Amendment – Power of Appointment – Civil Practice – Collateral Estoppel – Attorneys – Tort/Negligence – Legal Malpractice
In this legal malpractice action, the defendant-attorney and law firm contend that collateral estoppel bars plaintiffs from re-litigating the issue of a testatrix’s intent with respect to the exercise of […]
Trusts & Estates — Wills – Undue Influence – Fiduciary Relationship – Testator’s Capacity
Even though defendant Thomas Anton owed fiduciary duties to the parties’ late mother at the time she changed her will to disinherit plaintiff (defendants’ brother), the affidavits of witnesses to […]
Trusts & Estates — Elective Share – Civil Practice – Subject Matter Jurisdiction – Declaratory Judgment Action
G.S. § 30-3.4(f) gives exclusive jurisdiction to the clerk of superior court to determine whether or not a surviving spouse is entitled to an elective share of a decedent’s […]
Trusts & Estates – Domestic Relations – Prenuptial Agreement – Elective Share – Statute of Limitations
Although the petitioner-wife argued that the prenuptial agreement she signed on the eve of her 1978 wedding was unenforceable because it was signed under duress, was procured without financial disclosure, […]
Trusts & Estates – Undue Influence – Age & Infirmity – Trust Beneficiary Change
The plaintiff-grandchildren presented sufficient evidence to go to the jury on the question of the defendant-son’s (plaintiffs’ uncle) undue influence over the settlor of a trust, John Day. Day had […]
Trusts & Estates – Wills – Real Property & Rent Payments
Even though the testator left a tract of land to the plaintiff-son, the testator could, and did, divide the rent income from that land between the son and the […]
Trusts & Estates – First Impression – Dueling Beneficiaries – Attorney’s Fees – Trustee’s Payment – Interlocutory Appeal
Aside from the guidance and mandates of G.S. §§ 31-36 and 36C-1-112, a trustee’s duty of and liability for distribution to disputed beneficiaries during pending litigation is an issue […]
Trusts & Estates – Dead Man’s Statute – Domestic Relations – Prenuptial Agreement – Statute of Limitations
The petitioner-widow sought a spousal share of her late husband’s estate, but the estate’s executor proffered a 1978 prenuptial agreement as a bar to the widow’s claim. The widow […]
Trusts & Estates – Spousal Year’s Allowance – Civil Practice – Rule 60 – Backdated Signature – Willful Abandonment
Three years after a widow filed an application for assignment of a spousal year’s allowance, an assistant clerk of court discovered the application. Believing it had been erroneously left […]
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