BABB v. GRAHAM

No. COA07-848.

660 S.E.2d 626 (2008)

R. Kenneth BABB, Public Administrator, CTA of the Estate of Reba Burton Newton; R. Kenneth Babb, Public Administrator, CTA of the Estate of Jerry Lewis Newton, Jr.; R. Kenneth Babb, Special Trustee of the Trust established by Jerry Lewis Newton, Jr., under the Will of Jerry Lewis Newton, Jr., dated September 29, 1992; R. Kenneth Babb, Special Trustee of the Trust established by Jerry Lewis Newton, Jr., under a certain Revocable Trust Agreement dated September 29, 1992; and R. Kenneth Babb, Special Trustee of the Trust established by Reba Burton Newton, under a certain Revocable Trust Agreement dated September 29, 1992, Plaintiffs, v. Anne Newton GRAHAM; Jerry L. Newton, III; Joseph Wesley Newton; Paul Jeffrey Newton; Jerry L. Newton, III, Trustee under the Will of Reba Burton Newton; Jerry L. Newton, III, Trustee under the inter vivos trust of Reba Burton Newton; and Jerry L. Newton, III, Trustee under the Will of Jerry Lewis Newton, Jr., Defendants.

Court of Appeals of North Carolina.

May 20, 2008.


Attorney(s) appearing for the Case

R. Kenneth Babb, Winston-Salem, for Plaintiffs-Appellees; Bennett & Guthrie, P.L.L.C., by Richard V. Bennett and Roberta B. King, Winston-Salem, for Defendant-Appellee Anne Graham Newton; Wilson & Coffey, LLP, by G. Gray Wilson, J. Chad Bomar, and Stuart H. Russell, Winston-Salem, for Defendant-Appellee Joseph Wesley Newton; and Bailey & Thomas, P.A., by Wesley Bailey, Winston-Salem, for Defendant-Appellee Paul Jeffrey Newton.

Stephen E. Lawing, High Point, for Defendant-Appellant Jerry L. Newton, III.


McGEE, Judge.

Defendant Jerry L. Newton, III appeals from orders and judgment of the trial court. For the reasons set forth below, we affirm.

R. Kenneth Babb, as Public Administrator, CTA of the Estate of Reba Burton Newton and as Public Administrator, CTA of the Estate of Jerry Lewis Newton, Jr. (Plaintiffs) filed a complaint for declaratory judgment on 18 February 2002 against Anne Newton Graham; Jerry L. Newton, III; Joseph Wesley Newton; Paul Jeffrey Newton...

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