McCABE v. DAWKINS

No. 883SC1377.

388 S.E.2d 571 (1990)

William Z. McCABE, Executor of the Estate of Lola B. McCabe, Deceased, v. Donald M. DAWKINS and Pittman, Pittman and Dawkins, P.A.

Court of Appeals of North Carolina.

February 20, 1990.


Attorney(s) appearing for the Case

McLeod, Senter & Winesette, P.A. by William L. Senter, Fayetteville, for plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Ronald C. Dilthey and Susan K. Burkhart, Raleigh, for defendant-appellees.


GREENE, Judge.

Plaintiff-executor appeals the trial court's grant of summary judgment for defendants in his action against defendants for legal malpractice. Plaintiff is the executor of a will which individual defendant attorney Donald M. Dawkins ("Dawkins") drafted. The will purported to create a trust, but omitted a granting clause to fund the trust. If the trust were valid, the trust would distribute assets to a group of beneficiaries which would include unborn...

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