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O'BRIEN v. REECE

No. 799DC388.

263 S.E.2d 817 (1980)

Blaine O'BRIEN, Jr., Administrator of the Estate of Albert M. O'Brien, Deceased, v. Larry J. REECE and Central Carolina Bank & Trust Company.

Court of Appeals of North Carolina.

March 18, 1980.

Attorney(s) appearing for the Case

Royster, Royster & Cross by T. S. Royster, Jr., Oxford, for plaintiff-appellee.

Watkins, Finch & Hopper by Daniel F. Finch, Oxford, for defendant-appellant Reece.

MORRIS, Chief Judge.

The right of survivorship as a legal incident of joint tenancy, with a few exceptions, has been abolished in North Carolina. G.S. 41-2; Vettori v. Fay, 262 N.C. 481, 137 S.E.2d 810 (1964). Although the common law deemed valid, as an exception to this rule, oral as well as written contracts making the rights of parties dependent on survivorship, Jones v Waldroup,...

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