MUCHMORE v. TRASK

No. COA07-995.

666 S.E.2d 667 (2008)

Marcia Alyce MUCHMORE, Plaintiff, v. Tallman H. TRASK, Defendant.

Court of Appeals of North Carolina.

September 16, 2008.


Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton, LLP, by K. Edward Greene and Tobias S. Hampson, Raleigh, for plaintiff-appellant/cross-appellee.

Manning, Fulton & Skinner, P.A., by Michael S. Harrell, Raleigh, for defendant-appellee/cross-appellant.


BRYANT, Judge.

Tallman H. Trask (defendant) appeals the trial court's order voiding provisions within the parties' prenuptial agreement waiving spousal support. Marcia Alyce Muchmore (plaintiff) appeals the trial court's refusal to find (1) that the agreement was mutually rescinded or (2) that defendant is equitably estopped from asserting the agreement was not rescinded. For the reasons stated below, we affirm in part and reverse in part.

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