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ROGEL v. JOHNSON

No. 9325SC513.

441 S.E.2d 558 (1994)

114 N.C. App. 239

Nadine Lanyon Smith ROGEL, Individually and as Executrix of the Estate of William Smith Lanyon Lamparter, Plaintiffs, v. William Bruce JOHNSON; Duke University; Arthur Joseph van Suetendael IV; Kathryn Ann Whitney (Kay A. Whitney); Jerry S. Whitney; Rutgers Preparatory School; Michael Shawn Koch; Rebecca W. Henderson and Husband, Terry Alan Henderson; Frances Tucker Davenport; Richard F. Lanyon; David William Dunster Jones, a minor; Mary Carolina van Suetendael; Stuart Lanyon Rogel (formerly Stuart Strunk); Hickory Museum of Art, Inc.; Bobby Joe Barger; Richard David Berry, Jr.; Thomas Cecil Laughon, Jr.; John Wilton Lanning, Jr.; Jeffrey David Elston; Jeffrey David Norris; Steven Davenport; Harry Theodore Sherwood Smith II; John George Lamparter; Joan Lamparter Downs; and Frederic Oscar Lamparter, Defendants.

Court of Appeals of North Carolina.

April 5, 1994.

Attorney(s) appearing for the Case

Hunter, Wharton, Stroupe & Lynch, by John V. Hunter III, Raleigh, for defendants Bobby Joe Barger, Richard David Berry, Jr., Frances Tucker Davenport, Steven Davenport, Terry Alan Henderson, Michael Shawn Koch, John Wilton Lanning, Jr., Thomas Cecil Laughon, Jr., and Stuart Lanyon Rogel (formerly Stuart Strunk).

Maxwell, Freeman & Beason, P.A., by James B. Maxwell, Durham, for defendants Duke University and Rutgers Preparatory School.

Gaither, Gorham & Crone, by J. Samuel Gorham, III, Hickory, for defendant David William Dunster Jones.

LEWIS, Judge.

On 15 September 1992, plaintiff, the executrix of the estate of William Smith Lanyon Lamparter, filed this declaratory judgment action seeking a determination of whether the decedent died testate, and, if so, what the terms of his will were. Plaintiff attached three documents to the complaint: (1) Exhibit A, a typewritten, signed and witnessed document entitled "Will"; (2) Exhibit B, a handwritten document entitled "Codicil to My Will"; and (3) Exhibit...

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