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FORBIS v. NEAL

No. COA04-1495.

624 S.E.2d 387 (2006)

Lamarr Garland FORBIS, Co-Executor of the Estate of Bonnie S. Newell; Lamarr Garland Forbis, Attorney-in-Fact for Augusta Lee Sustare, Plaintiff, v. Beverly Lee NEAL, Defendant.

Court of Appeals of North Carolina.

January 17, 2006.

Attorney(s) appearing for the Case

Eugene C. Hicks, III, Charlotte, for plaintiff-appellant.

Baucom, Claytor, Benton, Morgan & Wood, P.A, by James F. Wood, III, Charlotte, for defendant-appellee.

HUDSON, Judge.

On 18 December 2002, plaintiffs LaMarr Garland Forbis and Augusta ("Gussie") Lee Sustare instituted this action seeking to recover property from defendant Beverly Lee Neal, contending that defendant fraudulently diverted property belonging to his aunt Bonnie Sustare Newell ("Bonnie") while acting as her attorney-in-fact, and after her death on 19 December 1999, as her co-executor along with plaintiff Forbis...

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