BARNES v. BARNES

No. 697SC195.

169 S.E.2d 236 (1969)

6 N.C. App. 61

Lafayette BARNES, Ospy J. Barnes, Thurman Barnes, Pearl Waddell Stone, Pearl Blalock, Florence Waddell, Perry Lamm, Ralph Barnes, Milton Barnes, Carey Barnes and Robert Waddell v. Mallie G. BARNES, Billie Moore, Wilson Savings and Loan Association, First Union National Bank of North Carolina, and Mallie G. Barnes and Billie Moore, as Co-Executors of the Estate of George W. Barnes, Deceased.

Court of Appeals of North Carolina.

August 27, 1969.


Attorney(s) appearing for the Case

Kirby, Webb & Hunt, by James B. Hunt, Jr., Wilson, for plaintiff appellees.

Lucas, Rand, Rose, Meyer & Jones, by William R. Rand, Wilson, for defendant appellants.


FRANK M. PARKER, Judge.

The sole question presented is whether the trial court erred in overruling the demurrer interposed for misjoinder of parties and causes. The plaintiffs allege that certain accounts, some claimed jointly by Mallie G. Barnes and Billie Moore, and one claimed individually by Billie Moore, are in fact assets of the estate of George W. Barnes, deceased, in which plaintiffs would share but for the wrongful actions of the defendants. Although the...

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