The plaintiffs in Frederick L. Allen and Nautilus Productions, LLC v. Roy A. Cooper, III,, et al., a four-year civil lawsuit over the rights to video and photographic footage of the recovery of the wreckage of the Queen Anne’s Revenge (the ship captained by the infamous pirate known as Blackbeard), recently filed a petition for a writ of certiorari seeking the United States Supreme Court to rule on the dispute. The History of the Queen Anne’s Revenge In the early eighteenth century, Blackbeard commandeered the slave ship La Concorde, renaming it the Queen Anne’s Revenge and captaining the ship for years near the Outer Banks of North Carolina. …
-
-
UPDATE: ARETHA FRANKLIN’S ESTATE
At the time of her death last year, it was believed that Aretha Franklin died intestate, or without a will. In the absence of a will, state intestacy laws determine how estate assets will be distributed. However, three handwritten wills were recently discovered in the famed singer’s home. If one or more of these documents is found to be a valid, enforceable will, the terms of the document(s) will determine the distribution of Franklin’s estate. Two of the handwritten wills were dated from 2010 and discovered in a locked cabinet in the home. The third, and most recent, was discovered in a notebook under a seat cushion. It was…
-
RULE 38: NO SUBSTITUTION FOR GOOD JUDGMENT
The recent North Carolina Court of Appeals decision in Weishaupt-Smith v. Town of Banner Elk represents North Carolina’s first appellate ruling interpreting Rule 38(b) of the North Carolina Rules of Appellate Procedure, which provides the second of three (3) categories in which substitution of a party to a dispute on appeal is permitted. Although this rule was adopted in 1975, courts remained silent on its interpretation until Weishaupt-Smith. Rule 38 Substitution of Parties Rule 38 provides three specific categories under which a party to a dispute on appeal or while appeal is pending may be substituted. The first, Rule 38(a), permits substitution when a party dies but the…
-
LAMARRE V. MARTINEZ: A (QUIET) DISCUSSION OF ACTIONS TO QUIET TITLE
The recent North Carolina Court of Appeals decision in LaMarre v. Martinez addresses an action to quiet title between parties to a real property transaction. Specifically, the court provides guidance for determining the applicable statute of limitations. Actions to Quiet Title In North Carolina, an action to quiet title may be brought to determine the validity of adverse claims by multiple persons to an estate or an interest in real property. The court’s role in such actions is to determine the rightful owner to a particular piece of real property. Disputes over rightful ownership to real property often arise in the context of interfamilial transfers or transfers that…
-
JOHN SINGLETON CONSERVATORSHIP AND ESTATE
John Singleton entered Hollywood in a truly historic fashion. Not only was he the first African American to be nominated for an Oscar for Best Director for his debut film Boyz N the Hood, but he did so at the age of 24, making him the youngest ever nominee for the category. Sadly, Singleton’s career was cut short when he died last week at age 51 following a stroke. Before his death, Singleton’s daughter, Cleopatra, disputed the characterization of Singleton’s medical condition by Singleton’s mother and business manager, Shelia Ward. Ward claimed Singleton was in a coma, petitioning the court in Los Angeles to be named temporary conservator for…
