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CITIZENS NAT. BANK v. PHILLIPS

No. 384.

70 S.E.2d 509 (1952)

235 N.C. 494

CITIZENS NAT. BANK v. PHILLIPS et al.

Supreme Court of North Carolina.

April 30, 1952.

Attorney(s) appearing for the Case

E. Johnston Irvin, Concord, for plaintiff, appellee.

George S. Steele and Harvey C. Carroll, Rockingham, for defendants Gertrude Shaw Phillips, Blondie S. Walsh, Dewey S. Shaw, C. V. Shaw, Harry M. Shaw, Robert L. Shaw, Maude Poe, Charlie Barnes, Hester Barnes Brown, J. Monroe Warburton, Leo Warburton, and Elma Warburton McNair, appellants.

Pollock & Fullenwider, Southern Pines, for defendants, Sarah Belle Overton and Pauline Jessup, appellees.

Hartsell & Hartsell, Concord, for defendants Beverly Eckert Burks and Dale Eckert, appellees.

John Hugh Williams, Concord, for defendant Edna Taylor, appellant.

E. C. Brooks, Jr., Durham, for defendants Cecil Jones, Leon Jones, Talmadge Jones, Gladys Andrews Couch, and John Andrews, appellants.

ERVIN, Justice.

While the testatrix was among the living, she was highly proficient in the millinery art, but sadly deficient in legal draftsmanship. Despite her inadequacy in the last field of endeavor, she chose to write her last will in words of her own selection without regard for legal precedents. As an inevitable consequence, she produced a testamentary document which illustrates anew the accuracy of the epigram of Sir William Jones that "no will has a brother...

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