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CARETHERS v. BLAIR

No. 8021SC875.

280 S.E.2d 467 (1981)

Cleveland Weaks CARETHERS v. Jerrell Ray BLAIR, Administrator of the Estate of Billy Ray Blair, Deceased.

Court of Appeals of North Carolina.

July 21, 1981.

Attorney(s) appearing for the Case

Westmoreland & Sawyer by Gordon A. Miller, Winston Salem, for plaintiff-appellant.

Hutchins, Tyndall, Bell, Davis & Pitt by Richard Tyndall, Winston Salem, for defendant-appellee.

VAUGHN, Judge.

We note at the outset that the provisions of Chapter 28A, governing the time and manner in which a creditor must present his claim to the estate to preserve a right to recovery, have been amended twice since 1973. We must apply those provisions which were in effect on the date of decedent's death, 6 January 1978. Both parties agree that, in the instant case, the controlling statutory version of Chapter 28A appears in the 1977 Supplement to Volume 2A...

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