• Blog Post

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

              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 a revocable trust and executed a Durable Power of Attorney in 2008.  Her daughter, Julie, was named as her trustee and attorney-in-fact, and her other daughter, Claudia, was named as the alternate trustee and attorney-in-fact.   Ms. Simpson was declared incompetent in 2009.  Julie lived in California, making it difficult to fulfil her duties.  Accordingly, Julia…