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WILLIAMS v. SHARBER

No. 33.

89 S.E.2d 238 (1955)

242 N.C. 609

Martilda Riddick WILLIAMS, Martha Riddick Hunter, and Will Riddick, heirs, same being Mavin Riddick, Beatrice Williams, Martha Jane Williams, and Emma Griffin, deceased, heirs, Christina Durham, Eula Roach, Dorothy McDaniel, Ruth _______, and Gertrude White, deceased, heirs which are David Lee White, Alexander Mae White, Joe Louis White, Arthur Lee White, Emma White, and Sam White, Kinney Riddick, deceased, heirs, and C. L. Griffin, v. W. D. SHARBER.

Supreme Court of North Carolina.

September 21, 1955.

Attorney(s) appearing for the Case

Robert B. Lowry and John H. Hall, Elizabeth City, for plaintiffs, appellants.

Worth & Horner, Elizabeth City, for defendant, appellee.

PER CURIAM.

All of testator's land was devised to his wife and her two children by Item First except "that part of the same in wood on the south end of same from my back gate that is next to Milton Eason heirs." The court, upon competent evidence, found that the land specifically excepted from this devise does not embrace the 2.4 acres but is a different portion of testator's 42.7 acre tract. These findings, which...

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