Legal Opinion

In re the Estate of Moore

Court of Appeals of North Carolina

Decided August 19, 2003No. COA02-1248Published

1Opinion of the Court

HUDSON, Judge.

Benjamin S. Moore (“executor”), executor of the estate of Robert L. Moore, Jr., deceased (“decedent”), appeals an award of commissions to Decedent’s guardian. Executor argues (1) that the order violates the statute governing commissions for guardians; and (2) even if the order did not violate the governing statutes, the court should not have allowed the entire commission in the year of sale. We agree that the order is contrary to the statute and reverse.

BACKGROUND

Mr. Robert L. Moore, Jr. accumulated substantial real estate holdings during his lifetime. In his later years, he…

2Cases cited4 opinions

  1. In Re SimmonsSupreme Court of North Carolina · 1966
  2. Caddell v. JohnsonCourt of Appeals of North Carolina · 2000
  3. Orange County ex rel. Byrd v. ByrdCourt of Appeals of North Carolina · 1998
  4. In Re FlowersCourt of Appeals of North Carolina · 2000

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