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BIGGER v. ARNOLD

No. COA11-1604.

728 S.E.2d 437 (2012)

Richard A. BIGGER, Jr., Executor of the Estate of Roy Arnold, Plaintiff, v. Karen ARNOLD; Daniel Arnold; Johnson C. Smith University, Incorporated; and Michelle Ryder, Defendants.

Court of Appeals of North Carolina.

July 17, 2012.

Attorney(s) appearing for the Case

Wishart, Norris, Henninger & Pittman, P.A., Charlotte, by June K. Allison , for plaintiff-appellant.

Baucom, Claytor, Benton, Morgan & Wood, P.A., Charlotte, by James F. Wood, III , for defendant-appellee.

STEELMAN, Judge.

Where the trial court's ruling did not injuriously prejudice the executor of the estate, and the beneficiary affected by the order failed to appeal, we dismiss the appeal.

I. Factual and Procedural Background

Roy Arnold (Arnold) died testate on 24 December 2007. His will bequeathed all of his tangible personal property to his wife, Karen Arnold (defendant). The remainder of the estate was bequeathed to a revocable trust. This...

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