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ESTATE OF ALSTON v. CLARK

No. 706SC648.

177 S.E.2d 745 (1970)

10 N.C. App. 46

In the Matter of the Administration of the ESTATE of Eluid (Elliott) Louis ALSTON, Deceased v. Charlie D. CLARK, Jr., Attorney at Law, Roanoke Rapids, N. C.

Court of Appeals of North Carolina.

Appeal Dismissed January 29, 1971.

Attorney(s) appearing for the Case

James R. Walker, Jr., Weldon, for appellants.

Charlie D. Clark, Jr., Roanoke Rapids, for appellee.

CAMPBELL, Judge.

It is obvious from the record filed in this case that this appeal has no merit. Whatever matter was pending in the Superior Court was based upon the application filed by Walker on 17 March 1970 for a citation to show cause. Walker had no standing to file such an application under the provisions of General Statutes § 28-15. Walker was never the attorney for the estate as no personal representative was appointed until 7 July 1970, when Oliva Alston...

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