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MATTER OF EFIRD

No. 9320SC380.

442 S.E.2d 381 (1994)

114 N.C. App. 638

In the Matter of Carolyn Louise EFIRD; Ruby Lee Efird Almond and Mary Elizabeth Efird Tucker, Testamentary Guardians.

Court of Appeals of North Carolina.

May 3, 1994.

Attorney(s) appearing for the Case

Eugene C. Hicks, III, Charlotte, for appellants Ruby Lee Efird Almond and Mary Elizabeth Efird Tucker.

No brief filed, for appellee.

ORR, Judge.

The fundamental issue before this Court is whether a testatrix may appoint guardians for an adult daughter through the language of her will when the daughter has not been declared incompetent pursuant to the provisions of N.C.Gen.Stat. § 35A. The appellants, the "testamentary guardians" named in the will as guardians of their disabled sister, argue that the Clerk of the Superior Court was without authority to appoint them as guardians under their...

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