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Trusts & Estates – Holographic Will – Legatee or Creditor – Judicial Estoppel
Teresa Bruno, Opinions Editor//March 21, 2018//
Trusts & Estates – Holographic Will – Legatee or Creditor – Judicial Estoppel
Teresa Bruno, Opinions Editor//March 21, 2018//
Where the decedent’s holographic will directed the defendant-executrices to pay “the note @ BB&T that’s in my sister Peggy’s name,” and where the executrices filed an affidavit with the clerk of court averring that the estate had no creditors, the executrices are estopped from arguing in this case that the plaintiff-sister is a creditor rather than a legatee.
We affirm the judgment for plaintiff.
Jacobs v. Brewington (Lawyers Weekly No. 011-104-18, 6 pp.) (Donna Stroud, J.) Appealed from Cumberland County Superior Court (James Webb, J.) Steven O’Connor for plaintiff; Richard Wiggins for defendants. N.C. App.
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