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WHITE v. MILLS CHARITABLE UNITRUST

No. COA11-1351.

730 S.E.2d 213 (2012)

Ray C. WHITE, in his capacity as Guardian of the Estate of Audree Shore Mills, Plaintiff, v. HAROLD L. AND AUDREE S. MILLS CHARITABLE REMAINDER UNITRUST; Fletcher L. Hartsell, Jr., in his capacity as Trustee of the Harold L. and Audree S. Mills Charitable Remainder Unitrust; H & A Mills Properties, LLC; Edmond Thomas Hartsell, in his capacity as Manager of H & A Mills Properties, LLC; The Estate of Harold L. Mills; Edmond Thomas Hartsell, individually and [in] his capacity as Executor of The Estate of Harold L. Mills; and McGill Baptist Church of Concord, North Carolina, Inc., Defendants.

Court of Appeals of North Carolina.

August 7, 2012.

Attorney(s) appearing for the Case

Weaver, Bennett & Bland, P.A., Matthews, by Michael David Bland , for plaintiff-appellant.

Poyner Spruill LLP, by Cynthia L. Van Horne and E. Fitzgerald Parnell, III , Charlotte, for defendant-appellee Fletcher L. Hartsell, Jr.

Orsbon & Fenninger, LLP, Charlotte, by R. Anthony Orsbon , for defendants-appellees H & A Mills Properties, LLC, The Estate of Harold L. Mills, and Edmond Thomas Hartsell, Individually and in his capacity as Executor of the Estate of Harold L. Mills.

James, McElroy & Diehl, P.A., by John S. Arrowood , Charlotte, and Edward T. Hinson, Jr. , for defendant-appellee McGill Baptist Church of Concord, North Carolina, Inc.

MARTIN, Chief Judge.

Michael David Bland, in his capacity as Collector of the Estate of Audree Shore Mills, appeals from the trial court's order denying a motion for partial summary judgment — originally filed by then-plaintiff Ray C. White, in his capacity as Guardian of the Estate of Audree Shore Mills — and entering partial summary judgment in favor of the following defendants: Harold L. and Audree S. Mills Charitable Remainder Unitrust; Fletcher...

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