Forbis v. Neal

I concur with the majority opinion’s holding that plaintiff has failed to show how defendant’s affidavit violates N.C. Gen. Stat. § 8C-1, Rule 601 (dead man’s statute). I respectfully dissent from the portion of the majority opinion holding that summary judgment was properly granted in favor of defendant as to the Paine Webber account. I concur in the granting of summary judgment as to the remaining accounts.

Factual Background

Bonnie Sustare Newell (Bonnie) and Gussie Lee Sustare (Gussie) were elderly sisters. Defendant was the nephew of the two sisters. On 5 November 1991 both Bonnie and…