Holcomb v. Hemric

MARTIN (Harry C.), Judge.

We begin our analysis of this case with a statement of the applicable law as found in the pertinent statutes and cases construing them.

N.C.G.S. 28A-19-15 provides the mechanism by which a disputed claim against a decedent’s estate may be referred. The finding of the arbitrators under this section is equivalent to a judgment, but “may be impeached in any proceeding against the personal representative” for fraud or collusion. See In re Estate of Reynolds, 221 N.C. 449, 20 S.E. 2d 348 (1942); Lassiter v. Upchurch, 107 N.C. 411, 12 S.E. 63 (1890).

Under N.C.G.S. 28A-17-1,…