Legal Opinion

In re the Est. of James Junior Phillips

Court of Appeals of North Carolina

Decided December 20, 2016No. COA16-613PublishedCited by 6 opinions

1Opinion of the Court

TYSON, Judge.

*100 Mary Phillips ("caveator") appeals from an order granting summary judgment in favor of Diane Boswell ("propounder"). We reverse and remand for trial.

I. Factual Background

James Junior Phillips ("decedent") was born 20 September 1925 and died 2 May 2007. The decedent was the father of two children from two separate marriages, including the caveator. The decedent also fathered other children out of wedlock, including the propounder. His death certificate lists the cause of his death as general malnutrition and dementia. The death certificate lists the propounder as the informant.

Sho…

2Cases cited28 opinions

  1. In Re the Will of JonesSupreme Court of North Carolina · 2008
  2. Link v. LinkSupreme Court of North Carolina · 1971
  3. In Re the Will of BuckSupreme Court of North Carolina · 1999
  4. In Re Will of HallSupreme Court of North Carolina · 1960
  5. Brissie v. CraigSupreme Court of North Carolina · 1950

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3Cited by6 opinions

  1. In re the Will of James Paul AllenCourt of Appeals of North Carolina · 2017
  2. Binkley v. BinkleyCourt of Appeals of North Carolina · 2017
  3. Godwin v. HarvellCourt of Appeals of North Carolina · 2022
  4. Godwin v. HarvellCourt of Appeals of North Carolina · 2022
  5. Wing v. Goldman Sachs Tr. Co.Supreme Court of North Carolina · 2022

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