Estate of Joyner v. Joyner

HUNTER, Robert C., Judge.

Plaintiffs appeal from an order entered 17 October 2012 in Lenoir County Superior Court by Judge Phyllis M. Gorham granting defendants’ motion for summary judgment. On appeal, plaintiffs argue there was a genuine issue of material fact with respect to whether Warren Joyner (“Warren”) constructively abandoned his wife, Frances Joyner (“Frances”). After careful review, we affirm the trial court’s order granting summary judgment.

Background

All plaintiffs in this case are surviving siblings of Frances. Frances died intestate on 17 January 2011 without children and with her…