In Re Estate of Rand
Court of Appeals of North Carolina
1Opinion of the Court
WYNN, Judge.
The North Carolina Rules of Civil Procedure apply to “all actions and proceedings of a civil nature.” 1 Here, heirs to the Estate of Daniel Murrill Rand argue that their challenge to the administratrix’s commission and accounting was not a civil action, such that the Rules should not apply. Because we find that an estate proceeding is a “proceeding of a civil nature,” we uphold the trial court’s determination that the Rules of Civil Procedure apply to this matter.
On 6 April 1999, Daniel Murrill Rand died intestate, leaving his wife, Respondent Linda Rand, and his seven daughters…
2Cases cited3 opinions
- In Re the Estate of ParrishCourt of Appeals of North Carolina · 2001
- In re Estate of NewtonCourt of Appeals of North Carolina · 2005
- In Re GreenCourt of Appeals of North Carolina · 1970
3Cited by2 opinions
- In Re the Will of DurhamCourt of Appeals of North Carolina · 2010
- In Re Estate of RandSupreme Court of North Carolina · 2007