MILESKI v. McCONVILLE

No. COA08-1216.

681 S.E.2d 515 (2009)

Raymond J. MILESKI, Plaintiff, v. Robert H. McCONVILLE, Jr., individually and as Executor and Trustee of the Will and Trust of Magdalen P. Mileski, Edward W. Najam, Jr., individually and as Executor and Trustee of the Will and Trust of Magdalen P. Mileski, Anne F. McConville, Dorothy F. Findlen, Mary Helen Parker Adams, and Wachovia Bank, N.A., as Trustee of the Magdalen P. Mileski Trust, Defendants.

Court of Appeals of North Carolina.

August 18, 2009.


Attorney(s) appearing for the Case

Wyatt Early Harris Wheeler, LLP, by William E. Wheeler, High Point, for plaintiff-appellant.

Smith Moore Leatherwood LLP, by Manning A. Connors, Greensboro, and Roberson, Haworth & Reese, P.L.L.C., by Robert A. Brinson, High Point, for defendant-appellees.


BRYANT, Judge.

Raymond J. Mileski (plaintiff) appeals from an order dated 10 June 2008 granting a motion filed by Robert H. McConville, Jr., Edward W. Najam, Jr., Anne F. McConville, Dorothy F. Findlen, and Mary Helen Parker Adams (collectively defendants) to dismiss plaintiff's complaint pursuant to Rule 12(b)(6).

Facts

On 11 May 2007, Magdalen P. Mileski (Mrs. Mileski) died in Moore County, North Carolina. She was survived by plaintiff,...

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