IN RE ESTATE OF LOWE

No. COA02-934.

577 S.E.2d 315 (2003)

In the Matter of the ESTATE OF Edison Bryan LOWE, Deceased.

Court of Appeals of North Carolina.

March 18, 2003.


Attorney(s) appearing for the Case

Carter, Archie, Hassell & Singleton, L.L.P., by Sid Hassell, Jr., Washington, for propounder-appellee.

Alexy, Merrell, Wills & Wills, L.L.P., by Windy H. Rose, Kitty Hawk, for caveators-appellants.


TYSON, Judge.

I. Background

Edison Bryan Lowe ("testator") died on 15 November 2000. On 28 December 2000, Howard E. Clayton, Jr. ("propounder") submitted a writing dated 5 November 1999 to the Clerk of Court, purporting to be the Last Will and Testament of testator. Propounder was named as the primary beneficiary and executor under the will.

Testator's nephews, Eugene Lowe, Russell Lowe, and Bryan Lowe, collectively ("caveators"), filed a...

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