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IN RE LESSARD

No. 8526SC492.

336 S.E.2d 712 (1985)

In re Denise Renee LESSARD.

Court of Appeals of North Carolina.

December 3, 1985.

Attorney(s) appearing for the Case

Leslie H. Miller, pro se.

Erwin, Beddow and Reese, P.A. by Fenton T. Erwin, Jr., Charlotte, for respondent-appellant.

HEDRICK, Chief Judge.

The sole issue presented by this appeal is whether the administrator of an estate may be paid for his services from wrongful death proceeds when there are no other funds in the estate from which he may be paid. The resolution of this issue depends upon a careful reading of the applicable statutory authority.

G.S. 28A-18-2 provides that the amount recovered in a wrongful death action "is not liable to be applied as assets, in the

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