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LYNCH v. NEWSOM

No. 8818SC516.

384 S.E.2d 284 (1989)

Thomas J. LYNCH, Administrator of the Estate of John Wesley Lynch; Thomas J. Lynch, Administrator of the Estate of James Thomas Lynch; and Thomas J. Lynch, Individually, Plaintiffs, v. Robert W. NEWSOM, III, Administrator of the Estate of Susie Newsom Lynch; and Robert W. Newsom, III, Individually, Defendants. Thomas J. LYNCH, Administrator of the Estate of John Wesley Lynch; Thomas J. Lynch, Administrator of the Estate of James Thomas Lynch; and Thomas J. Lynch, Individually, Plaintiffs, v. Robert W. NEWSOM, III, and Thomas P. Ravenel, Co-Executors of the Estate of Robert Wesley Newsom, Jr.; Robert W. Newsom, III and Thomas P. Ravenel, Co-Executors of the Estate of Florence Sharp Newsom; Robert W. Newsom, III, Administrator of the Estate of Susie Newsom Lynch; and Robert W. Newsom, III, Defendants. Thomas J. LYNCH, Administrator of the Estate of John Wesley Lynch; Thomas J. Lynch, Administrator of the Estate of James Thomas Lynch; and Thomas J. Lynch, Individually, Plaintiffs, v. Frances N. MILLER, Executrix of the Estate of Hattie A. Carter Newsom; Robert W. Newsom, III and Thomas P. Ravenel, Co-Executors of the Estate of Robert Wesley Newsom, Jr.; Robert W. Newsom, III and Thomas P. Ravenel, Co-Executors of the Estate of Florence Sharp Newsom; Robert W. Newsom, III, Administrator of the Estate of Susie Newsom Lynch; Frances Newsom Miller; Odell Carter, Mozelle Carter Shelby; Robert W. Newsom, III; Robert W. Newsom, III, Testamentary Trustee under the Will of Hattie A. Carter Newsom; Nancy Miller Dunn; Nancy Miller Dunn, Testamentary Trustee under the Will of Hattie A. Carter Newsom; David Miller, Debra Miller Parham; and Latham Lee Miller, Defendants.

Court of Appeals of North Carolina.

October 17, 1989.

Attorney(s) appearing for the Case

Donaldson, Horsley & Greene by Richard M. Greene and Arthur J. Donaldson, Greensboro, for plaintiff appellant, cross-appellee.

Henson Henson Bayliss & Teague by Perry C. Henson, Greensboro, for defendant appellees, cross-appellants Administrator of the Estate of Susie Newsom Lynch and Co-Executors of the Estates of Florence Sharp Newsom and Robert Wesley Newsom, Jr.

John W. Hardy, Greensboro, for defendant appellees, cross-appellants Co-Executors of the Estates of Robert Wesley Newsom, Jr. and Florence Sharp Newsom.

Wesley Bailey, Winston-Salem, for defendant appellee, cross-appellant Executrix of the Estate of Hattie A. Carter Newsom.

Robert W. Newsom, III, pro se.

PHILLIPS, Judge.

Since it had been determined earlier that the complaints state claims for which relief can be granted, the hearing for summary judgment was conducted upon defendants' contention that no genuine issue of material fact exists in these cases in that the material facts upon which his claims depend cannot be proven. In sustaining the motions and dismissing the actions the court in effect ruled that the pleadings, affidavits and other materials considered...

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