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SCOTTISH BANK v. ATKINSON

No. 737.

96 S.E.2d 837 (1957)

245 N.C. 563

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. Mary Bennett ATKINSON and husband, John D. Atkinson, Petitioners, v. Eleanor Bennett BENNETT and husband, John R. Bennett, Respondents.

Supreme Court of North Carolina.

February 27, 1957.

Attorney(s) appearing for the Case

Ingram P. Hedgpeth and Varser, McIntyre & Henry, Lumberton, for appellants.

Nance, Barrington & Collier, Fayetteville, and McLean & Stacy, Lumberton, for appellees.

RODMAN, Justice.

We held, when this litigation was here before, that equalization of advancements could only be effected from property owned by Mrs. Emily P. Bennett at the time of her death. The evidence taken by the referee was for the purpose of ascertaining what property, if any, was so owned. The case depends on the ownership of 140 shares of stock in Avant-Sholar, Inc.

Judge Carr found as a fact: "On 31 October 1949, Mrs. Emily P. Bennett signed the...

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