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DARDEN v. BOYETTE

No. 173.

100 S.E.2d 359 (1957)

247 N.C. 26

O. W. DARDEN, Administrator c. t. a. of the Estate of J. C. Darden, Deceased, v. L. E. BOYETTE and M. F. Smith, Administrators of the Estate of Ruby Darden, Deceased.

Supreme Court of North Carolina.

October 30, 1957.

Attorney(s) appearing for the Case

Butler & Butler, Clinton, for plaintiff, appellee.

J. Faison Thomson & Son, Goldsboro, and Britt & Warren, Clinton, for defendants, appellants.

PARKER, Justice.

J. C. Darden and Annie Ruby Darden were husband and wife. No child was born of their marriage. J. C. Darden died on 3 January 1953. After his death his will was duly probated, and is of record in Will Book 11, p. 503 et seq., in the Office of the Clerk of the Superior Court of Sampson County. He appointed his wife as sole executrix of his will.

The relevant items of his will are:

"Item 1. I give, devise, and bequeath unto my beloved...

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