MATTER OF ESTATE OF KIRKMAN

No. 7714SC939.

248 S.E.2d 438 (1978)

38 N.C. App. 515

In the Matter of the ESTATE of John C. KIRKMAN, Sr., Deceased.

Court of Appeals of North Carolina.

November 7, 1978.


Attorney(s) appearing for the Case

Nancy Fields Fadum, Raleigh, for executor-appellant.

E. C. Harris and John C. Randall, Durham, for appellee.


BROCK, Chief Judge.

The executor-appellant contends that the court was without jurisdiction when Judge Preston entered his initial order on 19 November 1976 finding that the notice of dissent had been properly filed. On that basis, he contends the 9 June 1977 order of Judge McKinnon finding that Minnie H. Kirkman was entitled to dissent from the will is void because it was based on the initial proceeding of 19 November 1976 in which the court lacked jurisdiction....

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