ANDERSON v. GOODING

No. 793SC57.

259 S.E.2d 398 (1979)

43 N.C. App. 611

Billy Ray ANDERSON v. E. L. GOODING, Executor of Will of Elizabeth Gooding Hardy, J. W. Brewer, and Great American Insurance Company.

Court of Appeals of North Carolina.

November 6, 1979.


Attorney(s) appearing for the Case

Johnson, Patterson, Dilthey & Clay by Robert M. Clay and Robert W. Sumner, Raleigh, White, Allen, Hooten, Hodges & Hines by John R. Hooten, Kinston, for defendants-appellants.

James, Hite, Cavendish & Blount by Robert D. Rouse III, Greenville, for plaintiff-appellee.


HILL, Judge.

Did the judge err in allowing the plaintiff's motion for partial summary judgment? We hold that he did under the prevailing statute.

G.S. 28A-19-3(a) provides in clear and unambiguous terms that all claims arising before the death of the decedent with specific exceptions which are not presented to the personal representative or collector pursuant to G.S. 28A-19-1 within six months after the day of the first publication or posting of the general...

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