FORCE v. SANDERSON

No. 8115SC639.

289 S.E.2d 56 (1982)

Frank H. FORCE and wife, Lorraine Force v. Margaret Trigg SANDERSON, Executrix of the Estate of Carl H. Dawson, Deceased.

Court of Appeals of North Carolina.

March 16, 1982.


Attorney(s) appearing for the Case

Finger, Park & Parker by Raymond A. Parker, II, Elkin, for plaintiffs-appellants.

Bryant, Drew, Crill & Patterson by Victor S. Bryant, Jr., and Lee Patterson, Durham, for defendant-appellee.


WELLS, Judge.

Although there may be a factual issue in this case as to whether defendant's testator died before or during the collision of his automobile, that issue is not determinative of this appeal. Plaintiffs contend their action is not barred by reason of their failure to file their claims against Dawson's estate within six months of the date of the first publication of defendant's notice to creditors, or, within six months after the date the claim arose. The...

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