TAYLOR v. TAYLOR

No. 13.

271 S.E.2d 506 (1980)

Mary R. TAYLOR v. D. Wayne TAYLOR, Individually, Roland Taylor and wife, Edna H. Taylor; T. C. Taylor and wife, Marjorie A. Taylor; Doris Taylor Robinson and husband, David Robinson; Edward Taylor; Trustees of Cedar Grove Methodist Church; Ervin Taylor; Frances T. Blakely; Edna May Maynor; Ruby Lee Day; Samuel Taylor.

Supreme Court of North Carolina.

November 4, 1980.


Attorney(s) appearing for the Case

Graham & Cheshire by Lucius M. Cheshire, Hillsborough, for plaintiff-appellee.

Latham, Wood & Balog by Steve A. Balog, Burlington, for defendants-appellants.


BRITT, Justice.

Defendants raised the issue in the Court of Appeals, as they have before this court, that the trial court erred in denying their motion to dismiss. The crux of defendants' argument is that plaintiff no longer has standing upon which to seek an interpretation of testator's will because she has dissented from the will. The Court of Appeals rejected this contention, holding that the record reveals that "all that has happened is that plaintiff has filed...

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