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PHILLIPS v. LEDFORD

No. COA02-1605.

590 S.E.2d 280 (2004)

Gwendolyn W. PHILLIPS, Plaintiff, v. Marilyn Owenby LEDFORD and George Richard Owenby, As Co-Administrators of the Estate of Benjamin Jay Owenby, and Marilyn Owenby Ledford, George Richard Owenby, Claudia Dianne Hendley, Dorothy Marie Shoff, Linda Gail Jones, Arthur Paul Barker, Timmy Barker, Ronnie Barker, Sandy Barker Russell, Donnie Owenby, Lisa Owenby Setzer, as Heirs of the Estate of Benjamin Jay Owenby, Defendants.

Court of Appeals of North Carolina.

January 6, 2004.

Attorney(s) appearing for the Case

Hyler & Lopez, P.A., by George B. Hyler, Jr. and Robert J. Lopez, Asheville, attorneys for plaintiff.

James Michael Lloyd, P.A., by James Michael Lloyd, Enka, attorney for defendant.

TIMMONS-GOODSON, Judge.

Gwendolyn W. Phillips ("plaintiff") appeals from a trial court dismissal granted pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(6). For the reasons stated herein, we affirm the trial court's decision.

The facts of this case are as follows: Benjamin Jay Owenby ("decedent") died intestate in Buncombe County, North Carolina on 29 January 2002. At the time of his death, decedent was not married, not survived by parents, and had no children...

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