All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
IN THE MATTER OF THE PURPORTED LAST WILL AND TESTAMENT OF FRANCIS
M. BARNES, DATED NOVEMBER 22, 1989 and IN THE MATTER OF THE
PURPORTED LAST WILL AND TESTAMENT OF FRANCIS M. BARNES, DATED MAY
25, 1967
Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 157 N.C.
App. 144, 579 S.E.2d 585 (2003), finding no error in part and
vacating in part a judgment signed 9 March 2001 by Judge John B.
Lewis, Jr., in Superior Court, Edgecombe County (File No.
01-SP-15). On 16 March 2001, Judge Lewis signed an order entered
in Superior Court, Edgecombe County, transferring the case back
to Superior Court, Martin County (File No. 98-SP-58). Heard in
the Supreme Court 16 February 2004.
Bass, Bryant & Fanney, by John Walter Bryant and Eva C.
Currin; and Batts, Batts & Bell, LLP, by Jeffrey A.
Batts, Joseph L. Bell, Jr., and Wendy P. Wilson, for
propounder-appellee; Poyner & Spruill, LLP, by Gregory
S. Camp, for propounder-appellee Church of the Advent.
Gaylord, McNally, Strickland, Snyder & Holscher,
L.L.P., by Danny D. McNally and Emma S. Holscher, for
intestate-appellant Riley S. Corddry; Emanuel & Dunn,
by Stephen A. Dunn; and Dunn and Dunn, by Raymond E.
Dunn, Jr., for intestate-appellant Lucy Tull; and
Browning & Hill, L.L.P., by Myron T. Hill, Jr., for
intestate-appellant Diane Barnes Graue.
Roy Cooper, Attorney General, by Charles J. Murray,
Special Deputy Attorney General, for other-appellant
East Carolina University Athletic Fund.
The Blount Law Firm, P.A., by Marvin Blount, Jr., Ted
Mackall, Jr., and Rebecca Cameron Blount, for caveator-
appellants.
PER CURIAM.
For the reasons stated in the dissenting opinion, we
reverse the decision of the Court of Appeals. REVERSED.
*** Converted from WordPerfect ***