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IN RE HERMAN EARL GODWIN REVOCABLE TRUST

No. COA21-351.

871 S.E.2d 355 (2022)

2022-NCCOA-160

IN RE the HERMAN EARL GODWIN REVOCABLE TRUST CREATED UNDER AGREEMENT DATED AUGUST 9, 2017. Theresa Ann Godwin, Plaintiff, v. Cecil S. Harvell, in his capacity as Executor of the Estate of Herman E. Godwin, in his capacity as Trustee of the Herman E. Godwin Revocable Trust created under Agreement dated August 9, 2017, in his capacity as Trustee of the trust f/b/o Aiden Gaffney created under Article IV of the Herman E. Godwin Revocable Trust Agreement dated August 9, 2017, in his capacity as Trustee of the trust f/b/o Zhoe Gaffney created under Article IV of the Herman E. Godwin Revocable Trust Agreement dated August 9, 2017; April M. Jones; Paula K. Woody; Heather Gaylor; and Zhoe Gaffney, Defendants. In the Matter of the Estate of Herman Earl Godwin, Deceased.

Court of Appeals of North Carolina.

Filed March 15, 2022.

Attorney(s) appearing for the Case

Womble Bond Dickinson (US) LLP, Raleigh, by Jesse A. Schaefer and Elizabeth K. Arias , for plaintiff-appellant, Theresa Ann Godwin.

Harvell and Collins, P.A., by Wesley A. Collins , Morehead City, and Samuel K. Morris-Bloom and Harris, Creech, Ward & Blackerby, P.A., New Bern, by C. David Creech , for defendant-appellee Cecil S. Harvell in his capacity as Executor of the Estate of Herman E. Godwin, in his capacity as Trustee of the Herman E. Godwin Revocable Trust created under Agreement dated August 9, 2017, in his capacity as Trustee of the trust f/b/o Aiden Gaffney created under ARTICLE IV of the Herman E. Godwin Revocable Trust Agreement dated August 9, 2017, in his capacity as Trustee of the trust f/b/o Zhoe Gaffney created under Article IV of the Herman E. Godwin Revocable Trust Agreement dated August 9, 2017.

¶ 1 Theresa Ann Godwin ("Plaintiff") appeals from orders entered granting summary judgment, a directed verdict, and finding Plaintiff's claims lacked substantial merit to Cecil S. Harvell ("Harvell"), in his capacity as Executor of the Herman E. Godwin, in his capacity as Trustee of the Herman E. Godwin Revocable Trust, in his...

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