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GIFFORD v. LINNELL

No. COA02-521.

579 S.E.2d 440 (2003)

Patricia L. GIFFORD, Plaintiff, v. Beth L. LINNELL, Individually and as Trustee of the Droffig Family Trust, and William P. Gifford, Sr., Individually and as Trustee of the Droffig Family Trust, Defendants.

Court of Appeals of North Carolina.

May 6, 2003.

Attorney(s) appearing for the Case

Mason & Mason, P.A., by L. Patten Mason, Morehead City, for plaintiff-appellee.

Bryant and Stanley, by Richard L. Stanley, Beaufort, for defendant-appellants.

HUNTER, Judge.

Beth L. Linnell ("defendant Linnell") and William P. Gifford, Sr. ("defendant Gifford") (collectively "defendants"), in their individual capacities and as trustees of the Droffig Family Trust, appeal the trial court's grant of summary judgment in favor of their mother, Patricia L. Gifford ("plaintiff"), after the court concluded that a deed executed by plaintiff to defendants as trustees was void ab initio. We reverse the trial court for the...

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