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IN RE WILL OF KERSEY

No. COA05-832.

627 S.E.2d 309 (2006)

In the Matter of the WILL OF Robert L. KERSEY, Deceased.

Court of Appeals of North Carolina.

March 21, 2006.

Attorney(s) appearing for the Case

Hedrick, Murray, & Cheek, P.L.L.C., by Josiah S. Murray, III, and John C. Rogers, III, Durham, for propounder-appellee.

Nick Galifianakis & Associates, by Nick Galifianakis and David Krall, Durham, for caveator-appellant.

MARTIN, Chief Judge.

Katherine Ann Crowder Kersey ("caveator") appeals from summary judgment entered in favor of Mary DeBlanc Norfleet ("propounder"), dismissing a caveat proceeding involving the will of Robert L. Kersey ("decedent") on the grounds of the statute of limitations and a failure to prosecute. We reverse and remand.

Caveator and decedent were married sometime in or before 1953. They lived together until...

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