MATTER OF ESTATE OF COLLINS

No. 8130SC1119.

293 S.E.2d 835 (1982)

In the Matter of the ESTATE OF J. E. COLLINS, Deceased.

Court of Appeals of North Carolina.

August 3, 1982.


Attorney(s) appearing for the Case

Joseph A. Pachnowski, Gerald R. Collins, Jr., Bryson City, and Orville Coward, Sylva, for appellee Jessie Lee Medford.

Herbert L. Hyde, Asheville, for appellant Mary Lee Collins, administratrix.


HARRY C. MARTIN, Judge.

Obviously this matter has been unnecessarily complicated and protracted. Apparently, nothing, at least at the time of the appeal, had been done with respect to the complaint filed by the sister and answer thereto filed by the wife, administratrix. In any event, this appeal is premature. Judge Thornburg, in his discretion, ordered a trial by jury of the issue of fact raised by the "pleadings" and evidence before the Clerk and set out in his...

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