MILLER v. MILLER

No. 931SC1197.

450 S.E.2d 15 (1994)

117 N.C. App. 71

Max MILLER, Jr., Plaintiff, v. Gussie W. MILLER, Defendant.

Court of Appeals of North Carolina.

November 15, 1994.


Attorney(s) appearing for the Case

Twiford, Morrison, O'Neal & Vincent by Branch W. Vincent, III, Elizabeth City, for plaintiff-appellant.

White, Hall & Dixon by John H. Hall Jr., Elizabeth City, for defendant-appellee.


EAGLES, Judge.

Plaintiff appeals from the trial court's granting of defendant's summary judgment motion. Plaintiff contends that summary judgment should not have been granted because the testator devised the remaining proceeds of the promissory note to plaintiff under his will. Plaintiff alleges that defendant has no right to the promissory note because the property which was sold in exchange for the promissory note was owned by testator alone. Therefore, plaintiff...

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