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IN RE WILL OF McCAULEY

No. 649PA01.

565 S.E.2d 88 (2002)

In the Matter of the WILL OF William Arnold McCAULEY, Deceased.

Supreme Court of North Carolina.

June 28, 2002.

Attorney(s) appearing for the Case

Staton, Perkinson, Doster, Post & Silverman, P.A., by W. Woods Doster, Sanford, for executor-appellant, Max McCauley.

Hayes, Williams, Turner & Daughtry, P.A., by Gerald Wilton Hayes, Jr., and Parrish Hayes Daughtry, Dunn, for caveator-appellees Phyllis M. Thomas, Paige Stallings, and Laurie J. McCauley.

Joseph L. Tart, P.A., by Joseph L. Tart, Dunn; and Thompson, Smyth & Cioffi, L.L.P., by Theodore B. Smyth, Raleigh, for caveator-appellee, Karen McCauley Thompson.

PARKER, Justice.

The issue before the Court in this caveat proceeding is whether the Court of Appeals properly affirmed the trial court's entry of summary judgment for the caveators. For the reasons discussed herein, we reverse the decision of the Court of Appeals.

William Arnold McCauley ("decedent"), died on 4 February 1999. On 24 February 1999, decedent's son Max Ronald McCauley ("executor") presented to the Clerk of Superior Court of Harnett County for...

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