TARLTON v. STIDHAM

No. COA95-177.

469 S.E.2d 38 (1996)

122 N.C. App. 77

Ward G. TARLTON and John P. Tarlton, Co-Executors of the Estate of Edna T. Griggs, Harvey Hollis Tarlton, Ward Gerald Tarlton, John P. Tarlton, Frances T. Webb, James B. Tarlton, Jr., Randy H. Tarlton, Sandy B. Tarlton, Rena Ann Tarlton, Patti J. Tarlton, Robert L. Cagle, III, Mary Edna Williams, Ned Frye Tarlton, and Jean T. Pelletier, Plaintiffs, v. Shirley Griggs STIDHAM, Administratrix of the Estate of John C. Griggs, Jr., and Shirley Griggs Stidham, Individually, and husband, Kyle Stidham; Ruth Griggs Short and husband, William M. Short; Sara Griggs Jarman and husband, Edward Jarman; Peggy Griggs Hurst and husband, Mickey Hurst; Patricia Griggs Locklear and husband, Cameron Locklear; Paula Stork and husband, R.J. Stork, Jr.; and Ruth Coley Griggs, Defendants.

Court of Appeals of North Carolina.

March 19, 1996.


Attorney(s) appearing for the Case

Wilson & Waller, P.A. by Betty S. Waller, Raleigh, for plaintiffs-appellants.

E.A. Hightower and Robert G. Sanders, Wadesboro, for defendants-appellees.


SMITH, Judge.

In this appeal from summary judgment against them, plaintiffs seek a declaratory judgment concerning distribution of property under a will. Plaintiffs represent the estate of Edna T. Griggs (decedent), who died testate in 1994. Defendants are the brothers and sisters (and others similarly situated) of the decedent's late husband, Walter Eugene Griggs (Griggs), who died partially testate in 1982. The central issue concerns whether four parcels of land...

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