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FUNK v. MASTEN

No. COA95-249.

465 S.E.2d 322 (1996)

Guy T. FUNK, Plaintiff v. Marsha S. MASTEN, individually; Marsha S. Masten, Successor Trustee under the Harriett B. Funk Revocable Living Trust; and Marsha S. Masten, Executrix of the Estate of Harriett B. Funk, deceased, Defendant.

Court of Appeals of North Carolina.

January 2, 1996.

Attorney(s) appearing for the Case

Canady, Thornton & Brown by Gordon H. Brown and Shelia J. Cox, Winston-Salem, for plaintiff-appellee.

Martin, Van Hoy, Smith & Raisbeck, L.L.P. by Robert H. Raisbeck, Jr., Mocksville, for defendant-appellant.

JOHNSON, Judge.

Plaintiff Guy T. Funk filed a Dissent From Will, dissenting from his deceased wife's (Harriett B. Funk's) will, on 9 December 1993. On that same day, plaintiff filed a Complaint against defendant Marsha S. Masten, individually, as Successor Trustee under the decedent's Revocable Living Trust, and as Executrix of decedent's estate. On 14 April 1994, defendant filed an Answer and Counterclaim. By Order entered 22 September 1994, Davie County Clerk of...

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