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IN RE ESTATE OF NEWTON

No. COA04-1508.

619 S.E.2d 571 (2005)

In the Matter of the ESTATE OF Jerry L. NEWTON, Jr., Deceased. Paul Jeffrey Newton, Anne Newton Graham, and Joseph Wesley Newton, Petitioners, v. Jerry Lewis Newton, III, Trustee in re the Matter of Reba Burton Newton Revocable Trust Agreement Dated the 29th Day of September, 1992, Respondent. Paul Jeffrey Newton, Anne Newton Graham, and Joseph Wesley Newton, Petitioners, v. Jerry Lewis Newton, III, Trustee in re the Matter of Jerry Lewis Newton, Jr. Revocable Trust Agreement Dated The 29th Day of September, 1992, Respondent.

Court of Appeals of North Carolina.

October 4, 2005.

Attorney(s) appearing for the Case

Bailey & Thomas, P.A., by Wesley Bailey, Winston-Salem, for petitioner-appellee Paul Jeffrey Newton.

Bennett & Guthrie, P.L.L.C., by Richard V. Bennett, Winston-Salem, for petitioner-appellee Anne Newton Graham.

Wilson & Iseman, L.L.P., by G. Gray Wilson and Maria C. Papoulias, Winston-Salem, for petitioner-appellee Joseph Wesley Newton.

Stephen E. Lawing, High Point, for respondent-appellant Jerry Lewis Newton, III.

TIMMONS-GOODSON, Judge.

Jerry Lewis Newton, III ("respondent") appeals the trial court orders removing him as trustee of certain trusts, denying his motions to continue and dismiss the proceedings, and allowing the reclassification and consolidation of the actions. For the reasons discussed herein, we affirm the trial court's orders.

The facts and procedural history pertinent to the instant appeal are as follows...

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