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BURCHETT v. MASON

No. 162.

63 S.E.2d 634 (1951)

233 N.C. 306

BURCHETT et al. v. MASON et al.

Supreme Court of North Carolina.

March 7, 1951.

Attorney(s) appearing for the Case

Banzet & Banzet, Warrenton, J. C. Cooper, Jr., Henderson, and William W. Taylor, Jr., Warrenton, for petitioners, appellants.

Perry & Kittrell, Blackburn & Blackburn and A. A. Bunn, all of Henderson, for respondents, appellees.

STACY, Chief Justice.

The present proceeding can be sustained only upon the holding that the will of Spottswood Mason is void for vagueness and uncertainty in the description of the different properties therein attempted to be devised. Hodges v. Stewart, 218 N.C. 290, 10 S.E.2d 723, and cases cited. Of course, a nullity may be upset by direct or collateral attack, ignored, disregarded, or treated as ineffectual, anywhere at any time. Ex nihilo nihil fit is...

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