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FARTHING v. FARTHING

No. 605.

70 S.E.2d 664 (1952)

235 N.C. 634

FARTHING et al. v. FARTHING et al.

Supreme Court of North Carolina.

May 21, 1952.

Attorney(s) appearing for the Case

Rountree & Rountree, Wilmington, for plaintiff appellees.

J. C. Wessell, Jr., Wilmington, for respondent appellants.

BARNHILL, Justice.

The court below was without original jurisdiction to entertain this action to nullify any part of the duly probated will which is the subject matter of this action. Hence the judgment entered must be vacated on authority of In re Will of Puett, 229 N.C. 8, 47 S.E.2d 488; Brissie v. Craig, 232 N.C. 701, 62 S.E.2d 330; Anderson v. Atkinson, 234 N.C. 271

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