LASTER v. FRANCIS

No. COA08-1230.

681 S.E.2d 858 (2009)

Verily LASTER, Pattie Page Mims, Dorothy Page Thorpe, Whitney Rich, Jessica Rich, Evelyn Page Ross, Yvonne Page Dewar, Norman Davis, Gwendolyn Davis, Lisa Davis, Gloria Ann Clay, Johnnie Day Clay, James Ray Clay, Jr., Michelle Clay Ward, Cynthia Clay, Elsie Page Clay, and Bobby Lamberth, Terrance Lamberth, Aaron Lamberth, Wellington Lamberth, Shawn Tucker, Kevin Tucker, Robert Tucker, Michael Tucker, Michael T. Bullock, Crystal Bullock, Mark Tucker, Debra Burch, Ronald Mitchell Lamberth, Ernest Burch, Mabel Burch, Kelan Pennington, Deanna Trice, Charlene Bullock, Lisa Burch Campbell, Iva Shirley Lamberth Wilson Jones, Cora Lamberth Johnson Benson, Alberta Lamberth Jones Willis, Joyce Lamberth Legette, Kenneth Vernon Lamberth, Sr., Geraldine Lamberth Campbell, and others to be named who are living descendants of the daughters of James Ernest Page and Jessie McLamb Page, Plaintiffs, v. Charles T. FRANCIS in his representative capacity as Agent for the "Series A Noteholder", Everette Noland in his representative capacity as Agent for the "Series B Noteholders", Charles T. Francis in his representative capacity as Agent for the "Series C Noteholders", Shirley B. Page, Toynette Michelle Page Ogden, Ingrid P. Watson, Joel Christopher Page, Nannie Velma Page, David Allen Page, Sharon V. Page, Debra Page Evans, Beverly Page Ramos, Marjorie Davis Adamson, Vera Davis Bennett, Virlie Mae Davis McKay, Gail Allen Hunter, Laverne Allen Villagonda, Edean Sturdivant, Michael Allen, Ruddie Allen, Deidre Allen, Demetrius Allen, and Robin Edean Davis, Defendants.

Court of Appeals of North Carolina.

September 1, 2009.


Attorney(s) appearing for the Case

David S. Crump, Raleigh, for plaintiff-appellants.

The Francis Law Firm, PLLC, by Charles T. Francis, for defendant-appellees Shirley B. Page, Toynette Michelle Page Ogden, Ingrid P. Watson, and Joel Christopher Page.

Smith Moore Leatherwood LLP, by Mark A. Finkelstein and Kelly T. Ensslin, Raleigh, for defendant-appellees Nanny Velma Page, David Allen Page, Beverly Page Ramos, Debra Page Evans, and Sharon V. Page.


STEELMAN, Judge.

Because plaintiffs' action was filed more than twenty years after David Edison Page repudiated or disavowed any purported family trust, the action was barred by the statute of limitations and the trial court properly granted defendants' motions to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure.

I. Factual and Procedural Background

On 1 December 2006, plaintiffs filed a complaint against defendants...

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