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Lord & Lindley - Lawyers in Charlotte NC

North Carolina Court Of Appeals Clarifies Reach Of Clerk Of Court’s Original Jurisdiction

February 3, 2016

          A recent decision by the North Carolina Court of Appeals reinforced the distinction between claims over which the trial divisions have original jurisdiction and claims which are properly brought before the Clerk of Court.[1]             In Morgan-McCoart v. Matchette, an elderly woman, Ms. Simpson, created…

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Caveat to a Caveat to a Will: North Carolina Court Of Appeals Offers Non-binding Opinion

October 14, 2015

          In October the North Carolina Court of Appeals issued an unpublished opinion addressing the circumstances under which it is appropriate to grant a motion to dismiss in the context of a will caveat.[1]  A caveat is a legal challenge to the probate of a will when there is confusion or…

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Challenging the Validity Of a Will Vs. the Construction Of a Will: North Carolina Court Of Appeals Clarifies

September 23, 2015

              Earlier in September the North Carolina Court of Appeals highlighted the procedural difference between challenging the validity of a will through a caveat proceeding and resolving questions as to the construction of a will through an action for declaratory judgment.[1]                …

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N.c. Court Of Appeals: Caveators Were Not Prejudiced By Dead Man’s Statute Since the Jury “heard the Gist Of Caveators’ Evidence.”

August 26, 2015

          In 1960 Charles Pickelsimer (“Charles”) inherited significant stock holdings in a family telecommunications company.[1]  Over the next 45 years, Charles gave his children and grandchildren stock certificates as gifts.  When he sold the company in 2008 for $65 million, Charles and his children received significant cash distributions.  In 2009, Charles…

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Removal Of Corporate Trustees in North Carolina

July 8, 2015

     The landscape of the American economy changed dramatically in the last decade, particularly due to the 2008 financial crisis.  America’s largest commercial banks were forced to sell assets, reorganize, shake-up top management positions, and/or close altogether.  As a result, trusts managed by corporate trustees experienced high turnover among trust officials and changes in…

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