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DYER v. STATE

No. 227PA91.

416 S.E.2d 1 (1992)

331 N.C. 374

Barbara DYER and Ronald Perkins v. STATE of North Carolina.

Supreme Court of North Carolina.

May 8, 1992.

Attorney(s) appearing for the Case

Hardee & Hardee by G. Wayne Hardee and Charles R. Hardee, Greenville, for caveator-appellants.

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

WEBB, Justice.

This case is governed by N.C.G.S. § 6-21 which provides in part as follows:

Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court: .... (2) Caveats to wills and any action or proceeding which may require the construction of any will or trust agreement, or fix the rights and duties of parties thereunder; provided, that in any caveat proceeding...

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