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RIPLEY v. DAY

No. COA99-866.

539 S.E.2d 384 (2000)

Frederic W. RIPLEY, III, Pamela Berbue, and Diane R. Olson, Plaintiffs, v. Suzanne E. DAY and Wachovia Bank, N.A., (f/k/a Wachovia Bank and Trust Company, N.A.), Executor of the Estate of Ellison G. Day and Trustee of the Trust, under Agreement with Ellison G. Day dated February 1, 1990, Defendants.

Court of Appeals of North Carolina.

December 29, 2000.

Attorney(s) appearing for the Case

Bryant, Patterson, Covington & Idol, P.A., by David O. Lewis, Durham, for the plaintiff-appellants.

Newsom, Graham, Hedrick & Kennon, P.A., by Josiah S. Murray III and J. Alan Campbell, Durham, for the defendant-appellee.

LEWIS, Judge.

In an opinion filed 15 August 2000, this Court concluded the trial court lacked subject matter jurisdiction over the plaintiffs' declaratory judgment action contesting defendant Suzanne E. Day's right to dissent from her deceased husband's will. We affirmed the trial court's 19 April 1999 order granting summary judgment in favor of defendant Day. Plaintiffs filed a petition for rehearing pursuant to Rule 31 of the North Carolina Rules of Appellate Procedure...

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