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LOCUST v. PITT COUNTY MEMORIAL HOSP., INC.

No. 643A02.

591 S.E.2d 543 (2004)

358 N.C. 113

Helen LOCUST, Individually, and as Administratrix of the Estate of Lester R. Tyson v. PITT COUNTY MEMORIAL HOSPITAL, INC., James M. Galloway, M.D., Linda G. Monteith, M.D., and Pitt Family Physicians.

Supreme Court of North Carolina.

February 6, 2004.

Attorney(s) appearing for the Case

Burford & Lewis, PLLC, by Robert J. Burford, Durham, for plaintiff-appellant.

Harris, Creech, Ward and Blackerby, P.A., by R. Brittain Blackerby and Joseph E. Elder, New Bern, for defendant-appellees Pitt County Memorial Hospital, Inc., and Linda G. Monteith, M.D.

Herrin & Morano, by Mickey A. Herrin, Greenville, for defendant-appellees James M. Galloway, M.D., and Pitt Family Physicians.

LAKE, Chief Justice.

This appeal arises out of a unique set of circumstances bringing into question the interplay between chapter 31A, Acts Barring Property Rights and chapter 29, the Intestate Succession Act, and their effect upon the Wrongful Death Act, N.C.G.S. § 28A-18-2. The primary issue is whether chapter 31A should be considered a part of chapter 29 thereby changing the rules of intestacy, for purposes of determining...

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