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MATTER OF NORTH CAROLINA NAT. BANK

No. 8022SC1076.

278 S.E.2d 330 (1981)

In the Matter of NORTH CAROLINA NATIONAL BANK, Guardian of George L. Hundley, Incompetent.

Court of Appeals of North Carolina.

June 2, 1981.

Attorney(s) appearing for the Case

Joseph P. Shore and Smith, Moore, Smith, Schell & Hunter by Vance Barron, Jr., Greensboro, for petitioner-appellant.

Wyatt, Early, Harris, Wheeler & Hauser by William E. Wheeler, High Point, for respondent-appellee.

HARRY C. MARTIN, Judge.

The sole question on this appeal is whether the court properly required petitioner to pay respondent's counsel fees as a part of the costs of this proceeding. This is a special proceeding, commenced before the clerk of superior court pursuant to Article 5 of Chapter 35 of the General Statutes of North Carolina. See Patrick v. Trust Co., 216 N.C. 525, 5 S.E.2d 724 (1939); 1 McIntosh, N.C. Practice and Procedure § 240, n. 21 (2d ed...

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