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DEPARTMENT OF TRANSP. v. OLINGER

No. COA04-1468.

616 S.E.2d 672 (2005)

DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellee, v. Linda Turner OLINGER, Individually and as Executrix under the Will of Emily W. Turner; Maria Fire; Henry Clay Turner, III; Harriet Turner Rabon; and Union Oil Company of California, Defendants.

Court of Appeals of North Carolina.

August 16, 2005.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorneys General Hilda Burnett-Baker, James M. Stanley, Jr., and Douglas W. Corkhill, for the Department of Transportation.

Hunter, Higgins, Miles, Elam & Benjamin, PLLC, by Robert N. Hunter, Jr. and John C. Elam, Greensboro, for defendants.

STEELMAN, Judge.

Emily Turner died testate on 12 May 2001, owning a parcel of real estate containing 10.01 acres located in Guilford County, North Carolina. Pursuant to a family settlement agreement dated 10 December 2001, this property was to be distributed equally to Mrs. Turner's children. On 10 June 2002, the North Carolina Department of Transportation (plaintiff) instituted this action pursuant to Chapter 136 of the...

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