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IN RE ESTATE OF RAND

No. COA06-868.

645 S.E.2d 174 (2007)

In re ESTATE OF Daniel Murrill RAND.

Court of Appeals of North Carolina.

June 5, 2007.

Attorney(s) appearing for the Case

Gaylor, Edwards & Vatcher, by Jimmy F. Gaylor, Jacksonville, for respondents-appellants.

White & Allen, P.A., by Thomas J. White, III, Kinston, for petitioner-appellee.

WYNN, Judge.

The North Carolina Rules of Civil Procedure apply to "all actions and proceedings of a civil nature."1 Here, heirs to the Estate of Daniel Murrill Rand argue that their challenge to the administratrix's commission and accounting was not a civil action, such that the Rules should not apply. Because we find that an estate proceeding is a "proceeding of a civil nature," we uphold the...

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