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Tag Archives: trusts & estates

Contract – Negotiable Instruments – Promissory Note – Assignment – Trusts & Estates – Administratrix’s Signature (access required)

Lewis v. Stanley Before he died, the defendant-administratrix’s decedent had gotten behind on a business loan from plaintiff. Plaintiff agreed to have the adminitratrix transfer the decedent’s debt to his business partner. Where, in the presence of a notary public, plaintiff signed a handwritten provision on the promissory note saying the note had been satisfied and cancelled, the debt owed by the decedent’s estate to plaintiff was validly discharged, and no grounds exist for relief on plaintiff’s breach of contract claim.

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Trusts & Estates – Civil Practice – Special Proceeding – Appeals – Notice (access required)

In re Estate of Prest Where appeals arising pursuant to G.S. § 1-301.2 do not require that the notice of appeal to superior court specify the basis for the appeal, respondents’ “Notice of Appeal to the Superior Court of Carteret County, of the Order issued in the Special Proceedings Division of Carteret County Civil Superior Court, on July 15, 2010 ... which granted the relief sought by the Petitioners in their Petition for Private Sale of Real property in [file number 10 SP 129]” satisfied the § 1-301.2 content requirements for notice of appeal. We reverse the superior court’s dismissal of respondents’ appeal.

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Trusts & Estates – Elective Share – Separation – Legal Separation (access required)

In Re: Estate of Reeder The clerk’s order was predicated upon a misapprehension about the meaning of the term “separation” in an agreement between the parties, interpreting it to mean “legal separation.” The clerk granted the spouse’s request to be awarded an elective share based upon this misapprehension. The trial court’s order affirming the clerk’s order is reversed, with instructions to remand this case to the clerk.

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Civil Practice – Subject Matter Jurisdiction – Constitutional – Full Faith & Credit – Florida Ruling – Trusts & Estates  (access required)

Melvin v. Wachovia Bank, N.A. Petitioner’s decedent lived in Florida, and respondent was the executor of her Florida estate. Even though the executor opened an ancillary estate in Macon County, N.C. in order to transfer real property to one of decedent’s trusts, since the fees for the executor’s services in the ancillary N.C. estate were included in an un-appealed order in the Florida estate proceedings, the Florida fee award is entitled to full faith and credit and may not be collaterally attacked in N.C. courts.

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Attorneys – Fee Award – ‘Costs’ – Post-Judgment Interest – Unavailable – Trusts & Estates (access required)

Nexsen Pruet, PLLC v. Martin Attorneys’ fees awarded as costs against an estate do not bear interest. We affirm summary judgment for defendants. In 2005, the plaintiff-law firm was awarded $150,259 in attorney’s fees and expenses from the estate of John Van Lindley. The firm received a $150,259 check on behalf of the estate in 2009. The firm sought four years’ worth of interest on the $150,259, but the superior court ruled that an award of attorneys’ fees is an award of costs. Costs are excepted from those parts of a judgment that bear interest. G.S. § 24-5(b).

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