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NOLAN v. NOLAN

No. 7921SC234.

262 S.E.2d 719 (1980)

Carolyn Ann NOLAN, Individually; Carolyn Ann Nolan, Executrix of the Estate of Marie Claude Biet Nolan; and Patrick Biet Nolan v. Robert Earl NOLAN; Robert Eric Nolan; and Michelle Alice Nolan.

Court of Appeals of North Carolina.

February 19, 1980.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by W. P. Sandridge, Elizabeth L. Quick, and Keith W. Vaughan, Winston-Salem, for plaintiffs-appellants.

Hudson, Petree, Stockton, Stockton & Robinson by William F. Maready and Robert J. Lawing, Winston-Salem, for defendants-appellees.

CLARK, Judge.

Five fundamental questions lie at the heart of this convoluted case:

1. Does subparagraph 6(d) of the separation agreement between Dr. and Mrs. Nolan control over subparagraph 6(c) of the same instrument?

2. Did Mrs. Nolan actively "elect" to surrender her rights to the property?

3. Did the children cease to become "dependent" during Mrs. Nolan's lifetime?

4. Did Dr. Nolan effectively exercise his option to purchase the...

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