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PRICE v. DAVIS

No. 676.

93 S.E.2d 93 (1956)

244 N.C. 229

Nannie K. PRICE and Robert D. Price, Administratrix and Administrator, respectively, of the Estate of J. W. Price, Sr., Deceased, and Nannie K. Price, Widow, Individually, and Robert D. Price and wife, Eunice Price, Individually, v. Nancy Price DAVIS and husband, Joe A. Davis, Katie Price Oliver and husband, William Oliver, Mamie Price Miley, Gertrude Price, James P. Price and wife, Edith Price, John W. Price, Jr., and wife, Gladys Price, Edna J. Price, Guardian of Bert A. Price, Incompetent, and Edna J. Price, Individually.

Supreme Court of North Carolina.

June 6, 1956.

Attorney(s) appearing for the Case

Allen D. Ivie, Jr., Leaksville, Deal, Hutchins & Minor, Winston-Salem, for appellants.

Price & Osborne, J. C. Johnson, Jr., Leaksville, for appellees Nannie K. Price and Robert D. Price.

R. J. Scott, Danbury, A. D. Folger, Jr., Madison, for appellees James P. Price and wife, Edith Price, John W. Price, Jr. and wife, Gladys Price.

Dixon & Dark, Ike F. Andrews, Siler City, for appellee Edna J. Price, individually, and guardian of Bert A. Price.

DENNY, Justice.

The question posed for determination on this appeal is simply this: Are the written agreements executed by the four daughters of J. W. Price, Sr., referred to hereinabove, enforceable and binding upon the respective parties, and are they estopped from further participation in the estate of J. W. Price, Sr., deceased?

In an opinion rendered by this Court in June 1859 in the case of Cannon v. Nowell, 51 N.C. 436, Ruffin, J. (formerly Chief Justice...

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