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MOTYKA v. NAPPIER

No. 6910SC60.

170 S.E.2d 353 (1969)

6 N.C. App. 544

Karen Marie MOTYKA, Minor; Frances Wanda Motyka, Minor; Ann Allen, Minor; and Richard Allen, Minor; by their next friend, Leata Allen Barnes v. J. H. NAPPIER, Individually and as Executor of the Will of Ralph Allen, Deceased; Clarence M. Kirk and wife, Imogene S. Kirk; Thomas A. Banks, Trustee; and Tar Heel Production Credit Association, Beneficiary.

Court of Appeals of North Carolina.

November 19, 1969.

Attorney(s) appearing for the Case

Liles & Merriman, by John W. Liles, Jr., and Harris, Poe, Cheshire & Leager, by Samuel R. Leager, Raleigh, for plaintiff appellants.

Maupin, Taylor & Ellis, by William W. Taylor, Jr., and Susan H. Ehringhaus, Raleigh, for defendant appellees Clarence M. Kirk and Imogene S. Kirk.

FRANK M. PARKER, Judge.

The allegations of the complaint as they relate to defendants Kirk, except where quoted, may be summarized as follows:

(a) That defendant Nappier was the duly qualified and acting executor of the Will of Ralph Allen, deceased.

(b) That the Will of Ralph Allen directed the executor to sell all of the property of the estate, including real estate.

(c) That at the time of his death Ralph Allen owned a tract of land in Wake...

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