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COLLINS v. ESTATE OF COLLINS

No. COA04-1282.

619 S.E.2d 531 (2005)

William L. COLLINS, Jr.; Barbara C. Rooks; and Freddie E. Collins, Plaintiffs, v. ESTATE OF Helen J. COLLINS; Lloyd Allen Stroupe, Executor of the Estate of Helen J. Collins; Lloyd Allen Stroupe, Individually; and any Successor Executor of the Estate of Helen J. Collins, Defendants.

Court of Appeals of North Carolina.

October 4, 2005.

Attorney(s) appearing for the Case

Steve Dolley, Jr., Gastonia, for defendants-appellants.

Poyner & Spruill, LLP, by Cynthia L. Van Horne, Charlotte, for plaintiffs-appellees.

ELMORE, Judge.

This appeal presents the question of whether the execution of mutual wills1 by a husband and wife creates a binding contract where the wills do not contain any contractual language. We determine that, in the absence of express contractual language, no contract arises between the husband and wife.

On 27 November 2001 William L. Collins (William) and Helen J. Collins (Helen...

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