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ANDERSON v. GOODING

No. 63.

265 S.E.2d 201 (1980)

300 N.C. 170

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

Supreme Court of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

James, Hite, Cavendish & Blount by Marvin Blount, Jr., and Robert D. Rouse, III, Greenville, for plaintiff-appellant.

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

HUSKINS, Justice:

Plaintiff contends that the notice to creditors published by E. L. Gooding, Executor of Elizabeth Gooding Hardy, did not comply with G.S. 28A-14-1, gave inadequate notice to plaintiff and was therefore ineffective to start the running of the six months' Statute of Limitations contained in G.S. 28A-19-3(a). The Court of Appeals held to the contrary, and this constitutes plaintiff's first assignment of error before this Court.

G.S. 28A-14-1...

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