GIBBONEY v. WACHOVIA BANK, N.A.

No. COA04-1636.

622 S.E.2d 162 (2005)

Walker F. Crocker Caudle GIBBONEY, Plaintiff v. WACHOVIA BANK, N.A., In Its Capacity as Executor of the Estate of Larry W. Caudle, Deceased, Veller Caudle Boone, Ruth Caudle Baity, Raymond C. Caudle, Robert C. Caudle, Edgar H. Caudle, Melissa B. Harrelson, L. Clay Wooten, Barbara Wooten McDonald, Pauline Wooten Cheek, Bernice Wooten Jones, Lois Wooten Beck, Florine Wooten Guevarra, Charles Herman Wooten, Betty Wooten Holder, Bobby Lee Wooten, Nancy Wooten Rist, Jerrie Wooten Lewis and Karen Wooten Hazen, Defendants.

Court of Appeals of North Carolina.

December 6, 2005.


Attorney(s) appearing for the Case

Gabriel, Berry, & Weston, L.L.P., by M. Douglas Berry, Greensboro, for plaintiff-appellee.

Browne, Flebotte, Wilson, Horn & Webb, by Daniel R. Flebotte, Creedmore, for defendants-appellants.


CALABRIA, Judge.

The surviving next of kin ("defendants") of Larry W. Caudle ("decedent") appeal a summary judgment order declaring Walker F. Crocker Caudle Gibboney ("plaintiff") the sole beneficiary under the terms of decedent's will. We reverse.

From 1962 until 1975, plaintiff and decedent (collectively "the parties") either dated or remained "good friends," until decedent proposed to plaintiff in June 1975. During the time the parties were "simply in a...

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