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MATTER OF THE PURPORTED LAST WILL AND TESTAMENT OF FRANCIS M. BARNES

No. 262A03.

586 S.E.2d 95 (2003)

357 N.C. 460

In the Matter of THE PURPORTED LAST WILL AND TESTAMENT OF FRANCIS M. BARNES, Dated November 22, 1989 and in the Matter of the Purported Last Will and Testament of Francis M. Barnes, Dated May 25, 1967.

Supreme Court of North Carolina.

August 21, 2003.

Attorney(s) appearing for the Case

Danny D. McNally, Greenville, Emma S. Holscher, for Riley S. Corddry (Heir at Law).

Myron T. Hill, Jr., Raleigh, for Diane Graue (Heir at Law).

Stephen A. Dunn, New Bern, Raymond E. Dunn, Jr., for Lucy Tull (Heir at Law).

Marvin Blount, Greenville, Ted Mackall, Jr., for Caveators, Beneficiaries of the 1967 Will of Francis M. Barnes.

John Walter Bryant, Raleigh, Jeffrey A. Batts, Joseph L. Bell, Jr., Rocky Mount, Wendy P. Wilson, for Propounders of 1989 Will of Estate of Francis M. Barnes.

Nancy Bentson Essex, Gregory S. Camp, Rocky Mount, for Church of the Advent.

Charles J. Murray, Special Deputy Attorney General, for ECU Athletic Fund.

Prior report: 157 N.C. App. 144, 579 S.E.2d 585.

ORDER

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Heirs-at-Law to Estate of Francis M. Barnes in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

"Dismissed ex mero...

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