In re Estate of Lindley

STEELMAN J (presiding and reading the lead judgment)

When an heir to an estate initially disputes counsel fees awarded by the clerk of court, but subsequently stops the dispute, induces the law firm to continue its representation, and approximately nine years later challenges the orders awarding counsel fees, the doctrine of laches is properly applied to deny the heir's challenge. When neither the clerk nor the trial court's ruling was adverse to an appellant, this Court does not reach the appellant's assignment of error. N.C. Gen. Stat. 28A-15-1(c) provides that executors may institute a special proceeding to sell the real property of a decedent to satisfy claims for payments of counsel fees and costs of judgment,administration, and the debts of creditors are subordinate to the costs of administration of the estate. The notice requirements of N.C. Gen. Stat. § 28A-17-4 are not applicable to heirs having only a contingent remainder interest in property. Where the trial court held that …