HORRY v. WOODBURY

No. COA07-477.

659 S.E.2d 88 (2008)

Joseph HORRY, Jr., Plaintiff v. David H. WOODBURY, Individually, and as the Executor of the Estate of Ruth N. Horry, Defendant.

Court of Appeals of North Carolina.

April 15, 2008.


Attorney(s) appearing for the Case

Brady, Nordgren, Morton & Malone, PLLC, by Travis K. Morton, Raleigh, for plaintiff-appellee.

Hendrick Murray & Cheek, PLLC, by Josiah S. Murray, III, and John C. Rogers, III, Durham, for defendant-appellant.


TYSON, Judge.

This cause of action arises from Joseph Horry, Jr.'s ("plaintiff") claims that David H. Woodbury ("defendant"), in his individual capacity and as executor of the estate of Ruth N. Horry ("decedent"), engaged in improper conduct while acting under a power of attorney for decedent and while serving as the executor of decedent's estate.

The affidavits and evidence before the superior court, relevant to this appeal, tended to show that decedent and...

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