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CREEKMORE v. CREEKMORE

No. COA96-616.

485 S.E.2d 68 (1997)

James H. CREEKMORE, Jr. v. Judith Carolyn CREEKMORE, Individually, and Judith Carolyn Creekmore and James W. Narron, as Co-Personal Representatives of the Estate of Ruby Lamm Creekmore, Julietta Creekmore, and Mitzie Vida C. Creekmore.

Court of Appeals of North Carolina.

May 20, 1997.

Attorney(s) appearing for the Case

J. Gates Harris, Red Springs and W. Osborne Lee, Jr., Lumberton, for plaintiff-appellant-appellee.

Gailor & Associates, P.L.L.C. by Carole S. Gailor, Raleigh, for defendant-appellant-appellee.

COZORT, Judge.

This case arises from a dispute between a brother and a sister over the interpretation and effect of their mother's last will and testament. Three issues are presented by this appeal: (1) whether the trial court erred by entering a declaratory judgment regarding the intent of the testatrix in making her will; (2) whether the trial court erred by entering declaratory judgment that a $10,000.00 check given to defendant Judith Creekmore by testatrix was...

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