Moore v. Galloway

ERWIN, Judge.

The plaintiff contends that the court erred in granting the motion of the defendant-administratrix for summary judgment. We do not agree.

At the hearing on the motion for summary judgment, the defendant presented supporting affidavits of Ver lie Knight and Peggy Dalton, both bank employees, stating in substance that they witnessed the execution of the joint account on 11 March 1975 by Charlie and Walter Galloway. The trial court permitted oral testimony at the hearing as provided for in G.S. 1A-1, Rule 43(e), Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971). Mrs.…