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DYER v. STATE

No. 905SC758.

402 S.E.2d 464 (1991)

Barbara DYER and Ronald Perkins, Caveators, v. STATE of North Carolina, Propounder.

Court of Appeals of North Carolina.

April 2, 1991.

Attorney(s) appearing for the Case

Terry B. Richardson, Wilmington, for caveator-appellees.

Lacy H. Thornburg, Atty. Gen. by T. Buie Costen, Sp. Deputy Atty. Gen., Raleigh, for the State.

GREENE, Judge.

The State of North Carolina (Propounder) appeals from an order of the trial court awarding attorneys fees to Barbara Dyer and Ronald Perkins (Caveators).

On 29 November 1982, Jannie Lou Perkins Alston (Testatrix) executed a will devising all of her property to the State of North Carolina. She died on 21 November 1985. In March of 1986 the Caveators, the children of the Testatrix, filed a caveat proceeding seeking to annul the probate of the...

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