HORRY v. Woodbury

Becausé I find that the majority departs substantially from well-settled estate planning precedent and disregards express statutory provisions intended to prevent fraud, I respectfully dissent.

I. Standing

First, I disagree with the majority that plaintiff lacks standing. The very case upon which the majority relies, Spivey v. Godfrey, *676258 N.C. 676, 129 S.E.2d 253 (1963), recognizes that a beneficiary does have standing to bring an action for conversion against an administrator without making any demands on the administrator or petitioning for his removal. Spivey stands for the proposition…