COLE v. GRAVES

No. 9010SC590.

399 S.E.2d 136 (1991)

101 N.C. App. 396

William R. COLE v. Nell Cole GRAVES, Individually and as the Surviving Partner of Cole Pottery Company (also known as J.B. Cole Pottery), a Partnership.

Court of Appeals of North Carolina.

January 15, 1991.


Attorney(s) appearing for the Case

Moser, Ogburn, Heafner, Schmidly & Wells by John N. Ogburn, Jr., and Stephen S. Schmidly, Asheboro, for plaintiff, appellant.

O'Briant, O'Briant & Bunch by Lillian B. O'Briant and Pierre C. Oldham, Asheboro, for defendant, appellee.


HEDRICK, Chief Judge.

The only question presented on this appeal is whether the trial judge was correct in concluding that the partnership between plaintiff's father, Waymon H. Cole, and defendant dissolved upon the former's death and that "ITEM IV" of his will "constitute[s] a settlement of and disposition of his partnership interest in a manner other than required by the partnership act."

G.S. 59-61(4) of the Uniform Partnership Act provides that a partnership...

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