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ANDERSON v. ATKINSON

No. 233.

66 S.E.2d 886 (1951)

234 N.C. 271

ANDERSON et al. v. ATKINSON et al.

Supreme Court of North Carolina.

October 10, 1951.

Attorney(s) appearing for the Case

E. R. Temple and Leon G. Stevens, Smithfield, for plaintiffs, appellees.

Wellons, Martin & Wellons, Smithfield, for defendant, appellants.

ERVIN, Justice.

The claim of the plaintiffs is founded upon a complaint alleging that Andrew Atkinson devised the 35 acres to them by a last will, which has never been admitted to probate.

It appears, therefore, that the complaint undertakes to present to the court for determination this crucial issue: Did Andrew Atkinson leave a will devising the 35 acres to the plaintiffs?

This being true, the complaint...

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