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FUNK v. MASTEN

No. COA96-794.

485 S.E.2d 890 (1997)

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

Court of Appeals of North Carolina.

June 17, 1997.

Attorney(s) appearing for the Case

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

Canady, Thornton & Brown by Gordon H. Brown, Winston-Salem, for plaintiff-appellee.

LEWIS, Judge.

Defendant appeals an order which determined under N.C. Gen.Stat. section 30-1 that real property located at 216 Riverbend Drive, Advance should not be counted in establishing plaintiff's right to dissent from the will of Harriet B. Funk.

Plaintiff and Harriet B. Funk married on 10 March 1967. On 21 November 1979, plaintiff and Mrs. Funk purchased a home in Bermuda Run, Advance for $90,500.00. The parties stipulated that the entire purchase price...

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