RYAN v. WACHOVIA BANK & TRUST CO.

No. 670.

70 S.E.2d 853 (1952)

235 N.C. 585

RYAN v. WACHOVIA BANK & TRUST CO. (High Point Branch).

Supreme Court of North Carolina.

May 21, 1952.


Attorney(s) appearing for the Case

Crissman & Bencini and Roberson, Haworth & Reese, all of High Point, for defendant, appellant.

Frazier & Frazier, Greensboro, for plaintiff, appellee.


DENNY, Justice.

Two questions are presented for consideration and determination. (1) Was the trial judge justified in finding as a fact that the plaintiff had probable cause for caveating her father's will and that in so doing she acted in good faith? (2) Does the finding that a caveator acted in good faith and with probable cause in caveating a will, entitle such caveator to take a legacy thereunder where the instrument contains a no-contest or forfeiture clause...

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