UNION NAT. BANK OF CHARLOTTE v. EASTERBY

No. 531.

73 S.E.2d 541 (1952)

236 N.C. 599

UNION NAT. BANK OF CHARLOTTE et al. v. EASTERBY et al.

Supreme Court of North Carolina.

December 10, 1952.


Attorney(s) appearing for the Case

Frank W. Snepp, Jr., Charlotte, in pro. per., guardian ad litem for unknown persons, in being and not in being, having an interest in the action, appellants.

B. Irvin Boyle, Charlotte, in pro. per., guardian ad litem for all minor defendants, appellants.

Robinson & Jones, Charlotte, for plaintiff, appellee.

Tillett, Campbell, Craighill & Rendleman, Charlotte, for Ruth Green Easterby, Lizzie Marion Easterby, Mattie Easterby, and Hugh Easterby, appellees.


DENNY, Justice.

The appellants argue and contend that the dissent of the widow was induced by the terms of an agreement, the performance of which is conditioned upon the dissent resulting in the vesting of the estate of F. C. Easterby in the two sisters and brother of the testator, absolutely and in fee simple, subject only to the rights of the widow, and, therefore, such dissent was not a voluntary election on the part...

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