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CITY OF DURHAM v. HICKS

No. COA99-101.

522 S.E.2d 583 (1999)

CITY OF DURHAM; County of Durham, Plaintiffs-Appellants, v. James M. HICKS, Jr., and wife, Mrs. J.M. Hicks; All Assignees, Heirs at Law and Devisees of James M. Hicks, Jr. and Mrs. J.M. Hicks, if Deceased, Together With All Their Creditors and Lienholders Regardless of How or Through Whom They Claim, and Any and All Persons Claiming Any Interest in the Estates of James M. Hicks, Jr., and Mrs. J.M. Hicks, if Deceased; George W. Miller, Jr., Public Administrator, CTA, DBA of the Estate of Leila Phillips and William A. Marsh, Jr., Guardian Ad Litem for James M. Hicks, Jr., Defendants-Appellees.

Court of Appeals of North Carolina.

December 7, 1999.

Attorney(s) appearing for the Case

Kimberly Martin Grantham, Assistant County Attorney, for plaintiffs-appellants.

Haywood, Denny & Miller, L.L.P., by Thomas H. Moore, Durham, for defendant-appellee George Miller, Jr., and Marsh and Marsh, by William A. Marsh, Jr., as Guardian-Ad-Litem, Durham, for defendant-appellee James M. Hicks, Jr.

WYNN, Judge.

N.C. Gen.Stat. § 28A-19-6 (1984) dictates that the costs of an estate administration must be paid before all other claims. In this case, however, the City and County of Durham argue that their tax liens against real property held in an open estate take precedence to the costs of administration. We agree and therefore hold that the trial court erred in preventing the foreclosure proceeding to collect the tax liens against real property held in an...

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