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TAYLOR v. ABERNETHY

No. COA01-470.

560 S.E.2d 233 (2002)

Harvey C. TAYLOR, Jr., Plaintiff, v. Don A. ABERNETHY and Jack C. Weir, Administrator CTA of the Estate of Romer Gray Taylor, Defendants.

Court of Appeals of North Carolina.

March 19, 2002.

Attorney(s) appearing for the Case

Wyatt Early Harris Wheeler, by William E. Wheeler, High Point, for plaintiff-appellant.

Gaither, Gorham & Crone, by John W. Crone III, Hickory; Sigmon, Sigmon & Isenhower, by C. Randall Isenhower, Newton, for defendant-appellee Don A. Abernethy.

Attorney General Roy A. Cooper, III, by Special Deputy Attorney General John H. Watters, amicus curiae.

HUNTER, Judge.

Harvey C. Taylor, Jr. ("plaintiff") appeals the entry of judgment upon a jury verdict that he does not have a valid contract entitling him to the estate of his deceased brother, Romer Gray Taylor ("Romer"), and the trial court's denial of his motion for a new trial. We conclude there was no error in part, and we reverse in part and remand for a new trial.

Plaintiff and Romer were raised in Burke County, North Carolina. Plaintiff later relocated...

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