Legal Opinion

Anderson v. Gooding

Court of Appeals of North Carolina

Decided November 6, 1979No. 793SC57PublishedCited by 4 opinions

1Opinion of the Court

HILL, Judge.

Did the judge err in allowing the plaintiff’s motion for partial summary judgment? We hold that he did under the prevailing statute.

G.S. 28A-19-3(a) provides in clear and unambiguous terms that all claims arising before the death of the decedent with specific exceptions which are not presented to the personal representative or collector pursuant to G.S. 28A-19-1 within six months after the day of the first publication or posting of the general notice to creditors as provided for in G.S. 28A-14-1 are forever barred against the estate, the personal representative, the collector, the…

2Cases cited5 opinions

  1. Congleton v. City of AsheboroCourt of Appeals of North Carolina · 1970
  2. Foremost Dairies Inc. v. Campbell Coal Co.Court of Appeals of Georgia · 1938
  3. Lampley v. BellSupreme Court of North Carolina · 1959
  4. Mallard v. . PattersonSupreme Court of North Carolina · 1891
  5. Love v. . IngramSupreme Court of North Carolina · 1889

3Cited by4 opinions

  1. Cash v. State Farm Mutual Automobile InsuranceCourt of Appeals of North Carolina · 2000
  2. Carethers v. BlairCourt of Appeals of North Carolina · 1981
  3. Anderson v. GoodingCourt of Appeals of North Carolina · 1979
  4. Morgan v. Morgan Motor Co. of AlbemarleCourt of Appeals of North Carolina · 2013

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