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TYNDALL-TAYLOR v. TYNDALL

No. COA02-246.

580 S.E.2d 58 (2003)

Lucille B. TYNDALL-TAYLOR and Richard C. TYndall, IV, by and through his Guardian Ad Litem, Elsie S. Tyndall, Plaintiffs, v. Minnie Carol TYNDALL in her capacity as Administratrix of the Estate of Richard Carl Tyndall, Jr. and Minnie Carol Tyndall, Individually, Defendants.

Court of Appeals of North Carolina.

May 20, 2003.

Attorney(s) appearing for the Case

Sumrell, Sugg, Carmichael, Hicks & Hart, P.A., by Arey W. Grady, III, New Bern, for plaintiff-appellants.

Stubbs & Perdue, P.A., by John W. King, Jr., New Bern, for defendant-appellees.

HUDSON, Judge.

Plaintiffs filed suit in superior court alleging breach of a contract to make a will. The court granted defendants' motion for summary judgment and dismissed the case. Plaintiffs appealed, and for the reasons discussed here, we reverse.

The parties submitted stipulations to the pertinent facts, which include those summarized below. Richard Carl Tyndall, Jr. ("decedent") and Lucille Tyndall-Taylor ...

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