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MARTIN v. MARTIN

No. 8427SC498.

325 S.E.2d 666 (1985)

Prue W. MARTIN v. Mitchell Allen MARTIN and Kathy Martin.

Court of Appeals of North Carolina.

February 19, 1985.

Attorney(s) appearing for the Case

Childers, Fowler & Childers by Max L. Childers and David C. Childers, Mount Holly, for plaintiff, appellant.

Kemp A. Michael, Mount Holly, for defendants, appellees.

HEDRICK, Chief Judge.

Plaintiff assigns error to the order granting summary judgment for the defendants, contending that there exist "genuine issues of material fact as to the intentions and motives of the parties."

The general rule, set out in Gaylord v. Gaylord, 150 N.C. 222, 227, 63 S.E. 1028, 1031 (1909), provides:

[E]xcept in cases of fraud, mistake or undue influence, a parol trust, to arise...

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