Legal Opinion

In Re Estate of Rand

Court of Appeals of North Carolina

Decided June 5, 2007No. COA06-868PublishedCited by 2 opinions

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

  1. In Re the Estate of ParrishCourt of Appeals of North Carolina · 2001
  2. In re Estate of NewtonCourt of Appeals of North Carolina · 2005
  3. In Re GreenCourt of Appeals of North Carolina · 1970

3Cited by2 opinions

  1. In Re the Will of DurhamCourt of Appeals of North Carolina · 2010
  2. In Re Estate of RandSupreme Court of North Carolina · 2007

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