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FISHER v. ELMORE

No. 85-1621.

802 F.2d 771 (1986)

G. Sandra FISHER, Appellee, v. Graham ELMORE, Executor of the Estate of Alma Belch Bryant, Defendant, and Trustee of the State Baptist Convention of North Carolina, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 9, 1986.

Attorney(s) appearing for the Case

Rodney A. Guthrie (Nance, Collier, Herndon & Wheless, Fayetteville, N.C., on brief), for appellant.

James B. Craven, III, Durham, N.C., for appellee.

Before WIDENER and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

The Trustees of the State Baptist Convention of North Carolina (Trustees) appeal from a summary judgment in favor of G. Sandra Fisher in this dispute over who is entitled to the proceeds resulting from the sale and cutting of certain standing timber. Because the timber at issue had not yet been sold and therefore was still part of the realty at the time of the decedent's death, the proceeds from its subsequent sale belong to the owner of that real property...

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