Trusts & Estates – Life Insurance – Missing Person – Declaration of Death – Civil Practice – Appeals

Dayton v. Dayton (Lawyers Weekly No. 12-07-0526, 18 pp.) (Donna S. Stroud, J.) Appealed from Ashe County Superior Court. (A. Moses Massey, J.) N.C. App. Full-text opinion.

Holding: Where the trial court made a final finding under G.S. § 28C-11(a) that plaintiff’s missing person had suffered an accidental death, this was a final decree, and the defendant-insurance company neither appealed, nor timely filed a motion to amend.

We affirm judgment for plaintiff.

Since the trial court’s order was not issued pursuant to G.S. § 28C-11(c) (after a person has been missing for five years, finding that his interest in his property has ceased and devolved upon others), G.S. § 28A-18 – under which the insurance company attempts to proceed – does not apply.