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FISHER v. MELTON

No. 480A89.

389 S.E.2d 86 (1990)

326 N.C. 47

Henry M. FISHER, Substitute Trustee under the Last Will and Testament of R.B. Melton v. Lillie P. MELTON; Grace P. Millar, Executrix of the Estate of Dorothy Melton; Joe H. Melton; Norma M. Calhoun; Peggy Melton; Alice M. Shearin; Ola M. Boseman; Linda M. Ellen; Thomas I. Hutchinson; James B. Hutchinson; Elmer E. Batts; Julie Batts; Christy Ann Batts; Linda K. Batts; Theodore L. Conyers; Virginia L. Vester; Donald L. Bass; William K. Bass; Carolyn Bass Brown; Virginia D. Bass; Pattie Lou Smith; Barbara F. Collins, Executrix of the Estate of Lucinda D. Fulghum; Hazel Melton; Jacqueline S. Bailey; Ronald Ellis Smith; Will H. Lassiter, Guardian Ad Litem for all the Unknown and Unborn Heirs of R.B. Melton, all the Unknown and Unborn Heirs of Mavis Melton Bell and all the Unknown and Unborn Beneficiaries of the Trust under the Last Will and Testament of R.B. Melton.

Supreme Court of North Carolina.

January 18, 1990.

Attorney(s) appearing for the Case

Fields & Cooper, Rocky Mount, for defendant-appellant Smith.

Battle, Winslow, Scott & Wiley, Tom H. Matthews, Rocky Mount, for defendant-appellant Lillie P. Melton.

Keel, Lassiter & Duffy, Rocky Mount, for appellant Guardian ad Litem.

Hunter, Wharton & Howell, for defendant-appellants Batts.

Valentine, Adams, Lamar, Etheridge & Sykes, Nashville, for defendant-appellee Collins.

Shuford, Caddell & McCanless, Salisbury, for Estate of Dorothy Melton.

Brown & Woods, for defendant-appellees James and Thomas Hutchison.

ORDER

Upon consideration of the petition for discretionary review, filed by Defendant, Lillie P. Melton, in this matter pursuant to G.S. 7A-31 and Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Allowed by order of...

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