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NEWLIN v. GILL

No. 7619SC669.

232 S.E.2d 213 (1977)

Grier G. NEWLIN, Administrator of the Estate of William Henry Kimrey, Deceased v. Edwin GILL, Treasurer of the State of North Carolina, the Estate of Thomas Preston Kimrey, et al.

Court of Appeals of North Carolina.

Certiorari Allowed April 5, 1977.

Attorney(s) appearing for the Case

Moser & Moser by Thad T. Moser, Asheboro, for plaintiff-appellee.

Wade C. Euliss, Greensboro, for defendant-appellee, Nancy Martin Sharpe.

Lacy L. Lucas, Jr., and J. Thomas Keever, Jr., Greensboro, for defendants-appellees, Floyd Ray Kirkman, and others.

Morgan, Byerly, Post, Herring & Keziah by J. V. Morgan, High Point, for defendant-appellant, the Estate of Thomas Preston Kimrey.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Charles J. Murray, Raleigh, for defendant-appellant, Edwin Gill, Treasurer of the State of North Carolina.

Certiorari Allowed by Supreme Court April 5, 1977.

HEDRICK, Judge.

This appeal involves the construction of G.S. 29-12, 29-14, 29-15, and 29-7. G.S. 29-12 provides:

"If there is no person entitled to take under G.S. 29-14 or G.S. 29-15 . . . the net estate shall escheat as provided in G.S. 116A-2."

The persons entitled to take under the provisions of G.S. 29-14 and 29-15 are the decedent's surviving spouse, lineal descendents, parents and...

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