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HEARON v. HEARON

No. 7929SC384.

261 S.E.2d 9 (1979)

44 N.C. App. 361

Fanning Miles HEARON, by his Guardian ad Litem, Baylies Hearon Willey v. Ann Scott HEARON.

Court of Appeals of North Carolina.

December 18, 1979.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Davis by Roy W. Davis, Jr., Asheville, for plaintiff-appellant.

R. Stephen Camp, William C. Raper, and Daniel W. Donahue, Winston-Salem, for defendant-appellee.

ARNOLD, Judge.

Plaintiff correctly argues that it was improper for the trial judge to collaterally review the competency proceeding, and that the defendant had no standing to attack the determination of incompetency.

Defendant's argument that her opposition to plaintiff's motion for substitution was not a collateral attack upon the order appointing a general guardian is untenable. Black's Law Dictionary 327 (Rev...

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