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IN RE MOORE

No. COA02-1248.

584 S.E.2d 807 (2003)

In the Matter of The Estate of Robert L. MOORE, Jr., Incompetent.

Court of Appeals of North Carolina.

August 19, 2003.

Attorney(s) appearing for the Case

Law Office of Michael W. Patrick, by Michael W. Patrick, Chapel Hill, for executor-appellant.

Bailey & Dixon, L.L.P., by Gary S. Parsons and Jennifer D. Maldonado, Raleigh, for respondent-appellee.

HUDSON, Judge.

Benjamin S. Moore ("executor"), executor of the estate of Robert L. Moore, Jr., deceased ("decedent"), appeals an award of commissions to Decedent's guardian. Executor argues (1) that the order violates the statute governing commissions for guardians; and (2) even if the order did not violate the governing statutes, the court should not have allowed the entire commission in the year of sale. We agree that the order is contrary to the statute and reverse...

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