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LITTLE v. BENNINGTON

No. 9218SC358.

427 S.E.2d 887 (1993)

109 N.C. App. 482

Thaddus C. LITTLE, Plaintiff, v. Estie BENNINGTON, in her capacity as Clerk of Superior Court; Janet C. Godwin, in her capacity as Assistant Clerk of Superior Court, Defendants.

Court of Appeals of North Carolina.

April 6, 1993.

Attorney(s) appearing for the Case

Central Carolina Legal Services, Inc. by Stanley B. Sprague and Ronald B. Halpern, Greensboro, for plaintiff.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Alexander McC. Peters and June S. Ferrell, Raleigh, for defendants.

WELLS, Judge.

Plaintiff instituted this action against defendants Clerk of Superior Court, Estie Bennington and Assistant Clerk of Court, Janet Godwin by filing a complaint and an application for writ of habeas corpus on 1 August 1991. The facts leading up to this action are as follows: In April 1990, the mother of plaintiff Thaddus Little died, leaving a will that gave all her property to her son. Plaintiff was named executor of her estate and was made collector...

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