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ATKINSON v. BENNETT

No. 670.

88 S.E.2d 76 (1955)

242 N.C. 456

Mary Bennett ATKINSON and Husband, John D. Atkinson, Petitioners, v. Eleanor Bennett BENNETT and Husband, John R. Bennett, Respondents. THE SCOTTISH BANK, a Corporation, Administrator of Emily P. Bennett, Deceased, Plaintiff, v. Mary Bennett ATKINSON and Husband, John D. Atkinson, and Eleanor Bennett Bennett and Husband, John R. Bennett, and Mrs. Avis F. Nelson, Defendants.

Supreme Court of North Carolina.

June 30, 1955.

Attorney(s) appearing for the Case

McLean & Stacy, Lumberton, for respondents, appellants.

Varser, McIntyre & Henry, Lumberton, for defendants Atkinson, appellees.

HIGGINS, Justice.

The pivotal question in this case is whether the money delivered by Mrs. Emily P. Bennett to John R. Bennett ($28,500 according to the Atkinsons, $23,500 according to the Bennetts) was an advancement to Eleanor B. Bennett or a gift to John R. Bennett. Bearing on the main question and necessary to its solution are certain issues raised by the pleadings. These secondary, though apparently controlling issues are omitted from the findings, conclusions...

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