{
  "id": 4150906,
  "name": "JOSEPH HORRY, JR. v. DAVID H. WOODBURY, Individually and as the Executor of the Estate of Ruth N. Horry",
  "name_abbreviation": "Horry v. Woodbury",
  "decision_date": "2009-02-06",
  "docket_number": "No. 198A08",
  "first_page": "7",
  "last_page": "8",
  "citations": [
    {
      "type": "official",
      "cite": "363 N.C. 7"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "659 S.E.2d 88",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "case_ids": [
        12640830
      ],
      "year": 2008,
      "opinion_index": -1,
      "case_paths": [
        "/se2d/659/0088-01"
      ]
    },
    {
      "cite": "189 N.C. App. 669",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        4156211
      ],
      "year": 2008,
      "opinion_index": -1,
      "case_paths": [
        "/nc-app/189/0669-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 184,
    "char_count": 2310,
    "ocr_confidence": 0.702,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.13490439017873243
    },
    "sha256": "94bdfe7fe05f75ee9a7681980889292117fbd11ded62a9e3a76fd7e513e6d435",
    "simhash": "1:ac131496646950b2",
    "word_count": 366
  },
  "last_updated": "2023-07-14T21:19:39.869638+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JOSEPH HORRY, JR. v. DAVID H. WOODBURY, Individually and as the Executor of the Estate of Ruth N. Horry"
    ],
    "opinions": [
      {
        "text": "PER CURIAM.\nFor the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.\nREVERSED.",
        "type": "majority",
        "author": "PER CURIAM."
      }
    ],
    "attorneys": [
      "Brady, Nordgren, Morton & Malone, PLLC, by Travis K. Morton, for plaintiff-appellant.",
      "Hedrick Murray Bryson Kennett Mauch & Connor PLLC, by Josiah S. Murray, III, for defendant-appellee."
    ],
    "corrections": "",
    "head_matter": "JOSEPH HORRY, JR. v. DAVID H. WOODBURY, Individually and as the Executor of the Estate of Ruth N. Horry\nNo. 198A08\n(Filed 6 February 2009)\nEstates\u2014 beneficiary\u2019s action against executor \u2014 acts as attorney-in-fact \u2014 standing\u2014claim for conversion\nThe decision of the Court of Appeals in an action by plaintiff estate beneficiary for alleged conversion by defendant, the executor of decedent\u2019s estate, based upon acts as decedent\u2019s attorney-in-fact prior to decedent\u2019s death is reversed for the reasons stated in the dissenting opinion that (1) plaintiff had standing to bring the action without making a demand upon defendant executor or petitioning the clerk of court for the executor\u2019s removal; and (2) plaintiff established a claim for conversion where defendant closed two bank accounts he and decedent had individually opened with decedent\u2019s funds and owned as joint tenants with right of survivorship and individually opened two new joint owner accounts with funds from the closed accounts by signing on the signature cards his name as owner and decedent\u2019s name as her attorney-in-fact; defendant\u2019s survivorship rights in the source accounts ended when the source accounts were closed; the signature cards for the new accounts did not comply with N.C.G.S. \u00a7 53-146.1 and thus did not create a valid right of survivorship in defendant because defendant was prohibited by N.C.G.S. \u00a7 32A-14.1(b) from using the power of attorney in favor of himself and decedent never personally signed the signature cards; and the funds in the new accounts thus belonged to plaintiff as the sole beneficiary of decedent\u2019s estate.\nAppeal pursuant to N.C.G.S. \u00a7 7A-30(2) from the decision of a divided panel of the Court of Appeals, 189 N.C. App. 669, 659 S.E.2d 88 (2008), reversing and remanding orders entered on 21 September 2005 and 8 October 2005 by Judge Steve A. Balog in Superior Court, Durham County, and instructing the trial court to dismiss plaintiff\u2019s claims. Heard in the Supreme Court 19 November 2008.\nBrady, Nordgren, Morton & Malone, PLLC, by Travis K. Morton, for plaintiff-appellant.\nHedrick Murray Bryson Kennett Mauch & Connor PLLC, by Josiah S. Murray, III, for defendant-appellee."
  },
  "file_name": "0007-01",
  "first_page_order": 45,
  "last_page_order": 46
}