HUBBARD v. WIGGINS

No. 458.

81 S.E.2d 630 (1954)

240 N.C. 197

HUBBARD v. WIGGINS et al.

Supreme Court of North Carolina.

May 5, 1954.


Attorney(s) appearing for the Case

J. C. B. Emringhaus, Jr., Raleigh, for defendant-appellant.

Parker & Sink, Raleigh, for plaintiff-appellee.

Lassiter, Leager & Walker, Raleigh, and Ballard S. Gay, Jackson, for appellees John William Archer, and others.

A. L. Purrington, Jr., Raleigh, guardian ad litem.


DENNY, Justice.

The one question to be determined on this appeal is whether the testatrix intended to give J. Samuel Hubbard the three $100 U. S. Bonds, Series D, which were payable to her or J. Sam Hubbard, and $100; or did she intend to give him the six $1,000 U. S. Bonds, Series D, payable to herself, Mrs. Christian Gay Pate, and $100?

We are not inadvertent to the fact that if the testatrix in the instant case had died intestate, J. Samuel Hubbard would...

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