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DUNCAN v. DUNCAN

No. COA00-1358.

553 S.E.2d 925 (2001)

Mildred H. DUNCAN, Plaintiff, v. James W. DUNCAN, II and Patsy D. Phipps, Co-Executors of the Estate of Pagie P. Duncan, James W. Duncan, II, Patsy Duncan Phipps, Ernest C. Duncan and Louise Duncan Mitchum, Defendants.

Court of Appeals of North Carolina.

November 6, 2001.

Attorney(s) appearing for the Case

Donald J. Dunn, New Bern, for plaintiff-appellee.

Henderson, Baxter, Taylor & Gatchel, P.A., by Brian Z. Taylor, New Bern, for defendants-appellants.

WALKER, Judge.

Defendants appeal from a summary judgment order which determined the plaintiff's interest in certain property and in the estate of Pagie P. Duncan. On 9 October 1997, Pagie Duncan executed a Last Will and Testament (1997 Will). Article II of the 1997 Will left all of her property, real and personal, in pertinent part as follows:

unto my five children, ERNEST C. DUNCAN, JAMES WILLIAM DUNCAN, II, PATSY DUNCAN PHIPPS, LOUISE DUNCAN MITCHUM, and...

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