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IN RE ESTATE OF MONTGOMERY

No. COA99-681.

528 S.E.2d 618 (2000)

In the Matter of the ESTATE OF Michael Allen MONTGOMERY.

Court of Appeals of North Carolina.

April 18, 2000.

Attorney(s) appearing for the Case

Peebles & Schramm, by John J. Schramm, Jr. and Erin L. Williams, Winston-Salem, for petitioner-appellants.

Kenneth Clayton Dawson, Winston-Salem, for respondent-appellee.

GREENE, Judge.

Charles Allen Montgomery and Janice S. Montgomery (collectively, Petitioners) appeal an order filed 17 February 1999 granting a motion by Karen Montgomery (Respondent) for summary judgment.

The record shows that Michael Allen Montgomery (Decedent) and Respondent were married on 2 November 1995, and one child was born to the marriage. The parties separated sometime prior to 20 June 1998. Decedent died on 20 June 1998, and on 30 June 1998 the...

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