In re Williams, COA10-325.
Decision Date | 16 November 2010 |
Docket Number | No. COA10-325.,COA10-325. |
Citation | 701 S.E.2d 399 |
Parties | In re the Matter of Ardies WILLIAMS, Deceased. |
Court | North Carolina Court of Appeals |
Appeal by petitioners from an order entered 2 November 2009 by Judge Henry W. Hight, Jr. in Wake County Superior Court. Heard in the Court of Appeals 30 September 2010.
David Roy Blackwell, Garner, for petitioners-appellants.
Ellis & Winters LLP, by Matthew W. Sawchak and Chad T. Diamond, Raleigh, for respondent-appellee.
Nancy Adams Watkins ("Watkins") and Brenda Adams Howard ("Howard") (collectively "petitioners") appeal the superior court's 2 November 2009 order affirming the 20 July 2009 order of the Clerk of Court that neither woman is a legitimate heir to the estate of Ardies Williams ("Williams"). For the reasons stated herein, we affirm.
On 24 May 2006, Williams died intestate. On 7 June 2006, Williams's wife, Audrey Williams ("Audrey"), applied for letters of administration and asserted that she was the only "person[ ] entitled to share in the decedent's estate." On 7 August 2006, Watkins, Howard, and Orlando Ardies Williams ("Orlando") filed "Objections to Filings By the Administrator[,]" contesting numerous statements made in Audrey's application, including her assertion that she alone was entitled to share in Williams's estate. The objections alleged, inter alia, that Williams was
On 30 July 2009, petitioners appealed the Clerk's order to the superior court. 1 The superior court affirmed the order on 2 November 2009. Petitioners now appeal the 2 November 2009 order.
Petitioners' sole argument is that the superior court erred by failing to find that they are the daughters of Williams and, therefore, his lawful heirs. We disagree.
North Carolina General Statutes, section 1-301.3 governs "matters arising in the administration ... of estates of decedents[.]" N.C. Gen.Stat. § 1-301.3(a) (2005). According to that section, the superior court reviews an order from the clerk to determine "(1) [w]hether the findings of fact are supported by the evidence[,] (2) [w]hether the conclusions of law are supported by the findings of facts[,] [and] (3) [w]hether the order or judgment is consistent with the conclusions of law and applicable law." N.C. Gen.Stat. § 1-301.3(d) (2005). Our review is the same as that of the superior court. 2 In re Estate of Pate, 119 N.C.App. 400, 403, 459 S.E.2d 1, 2-3 (citation omitted), disc. rev. denied, 341 N.C. 649, 462 S.E.2d 515 (1995).
Helms v. Young-Woodard, 104 N.C.App. 746, 749-50, 411 S.E.2d 184, 185 (1991) (internal citations omitted), disc. rev. denied, 331 N.C. 117, 414 S.E.2d 756 (1992). See also N.C. Gen.Stat. §§ 49-10 through -14 (2005).
North Carolina General Statutes, section 29-19(b) provides:
N.C. Gen.Stat. § 29-19(b) (2005) (emphasis added). We note that, in 1977, the General Assembly substituted the phrase "finally adjudged" for "judicially determined" in subsection (b)(1) and that such language was effective to estates of decedents...
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