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FORBIS v. NEAL

No. 79PA06.

649 S.E.2d 382 (2007)

LaMarr Garland FORBIS, Co-Executor of the Estate of Bonnie S. Newell; and LaMarr Garland Forbis, Executrix of the Estate of Augusta Lee Sustare (formerly Attorney-in-Fact for Augusta Lee Sustare) v. Beverly Lee NEAL.

Supreme Court of North Carolina.

August 24, 2007.

Attorney(s) appearing for the Case

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

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

MARTIN, Justice.

This case arises from a dispute over the assets of Bonnie Sustare Newell (Newell) and her sister Augusta Lee Sustare (Sustare). LaMarr Garland Forbis, Newell and Sustare's niece, brought a fraud action on behalf of her aunts' estates against Beverly Lee Neal (defendant), her first cousin and the nephew of Newell and Sustare. The trial court granted summary judgment for defendant, and the Court of Appeals affirmed. We affirm in part, reverse in part...

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