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COLLIER v. MILLS

No. 402.

95 S.E.2d 529 (1956)

245 N.C. 200

Robert A. COLLIER, Executor of the Last Will and Testament of R. W. Mills, v. Elizabeth MILLS, Eugene F. Mills, Mrs. Lillian M. Rape, Mildred M. Evans, Mary Frank W. Gilleland and Ida Bell M. Walker.

Supreme Court of North Carolina.

December 12, 1956.

Attorney(s) appearing for the Case

Raymer & Raymer, Statesville, for defendants Elizabeth Mills, Mildred M. Evans, and Ida Bell M. Walker, appellants.

R. A. Hedrick and Adams, Dearman & Winberry, Statesville, for defendants Eugene F. Mills, Mrs. Lillian M. Rape and Mrs. Mary Frank M. Gilleland, appellees.

BOBBITT, Justice.

When the petition for writ of certiorari was allowed, this in effect granted to petitioners the right of immediate appeal from the order of September 6, 1956. In perfecting such appeal, Rules of Practice in the Supreme Court, 221 N.C. 544, apply.

The record before us contains no assignment of error. Even so, it shows that exception was taken to the order of September 6, 1956; and the petition for certiorari was in effect an assignment of...

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