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STATE EX REL. PILARD v. BERNINGER

No. COA01-1272.

571 S.E.2d 836 (2002)

STATE of North Carolina ex rel. Susan B. PILARD, Elizabeth B. Requena, John Berninger, Thomas Berninger and Joanne Berninger; Susan B. Pilard; Elizabeth B. Requena; John Berninger; Thomas Berninger; and Joanne Berninger, Plaintiffs, v. Blanca R. BERNINGER and Great American Insurance Company, Defendants.

Court of Appeals of North Carolina.

November 19, 2002.

Attorney(s) appearing for the Case

W.T. Culpepper, III, Edenton, for plaintiff-appellee.

The Twiford Law Firm, L.L.P. by H.P. Williams, Jr., and R. Michael Cox, Elizabeth City, for defendant-appellant.

MARTIN, Judge.

Plaintiffs, who are the children of John Alfred Berninger ("decedent") from his first marriage, brought this action against defendant Berninger, decedent's second wife, in her individual capacity, and Great American Insurance Company as surety, seeking damages for Berninger's alleged breach of fiduciary duty and conversion arising out of her administration of their father's estate. Defendants denied the substantive allegations of the complaint and moved...

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