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CASELLA v. ALDEN

No. COA08-1316.

682 S.E.2d 455 (2009)

Shirley A. CASELLA, Plaintiff, v. Richard J. ALDEN, Executor of the Estate of Ross R. Casella, Deceased, Defendant.

Court of Appeals of North Carolina.

September 15, 2009.

Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton, LLP, by K. Edward Greene and Tobias S. Hampson; and Alexander & Miller, LLP, by Sydenham B. Alexander, Jr. and Meg K. Howes, Chapel Hill, for plaintiff-appellee.

The Brough Law Firm, by G. Nicholas Herman, Chapel Hill, for defendant-appellant.

GEER, Judge.

Decedent Ross R. Casella and plaintiff Shirley A. Casella were separated when Mr. Casella was diagnosed with untreatable cancer. Subsequently, both Mr. Casella and Ms. Casella sought equitable distribution of their property and a divorce. Prior to any hearing on those issues or any agreement by the spouses, Ms. Casella joined Mr. Casella in his home, where approximately three weeks later Mr. Casella passed...

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