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CARTER v. DAVIS

No. 387.

97 S.E.2d 838 (1957)

246 N.C. 191

Virginia A. CARTER, C. Norfleet Carter, Landon B. Carter and Beverly H. Hailey and any other heirs-at-law of Emma B. Egerton, deceased, who desire to join in this action, and Mary Russell Sessums, by her Next Friend, E. C. Bulluck, v. Nealy DAVIS, Pannie Davis, Carolyn D. Dugger, Viola D. Hines and Ethel B. Galbraith, R. W. Thornton, Administrator c.t.a. of Estate of Emma B. Egerton, and R. W. Thornton, Executor of Estate of N. M. Thornton.

Supreme Court of North Carolina.

May 1, 1957.

Attorney(s) appearing for the Case

G. M. Beam, Louisburg, for appellants.

Charles P. Green, Louisburg, for appellees.

JOHNSON, Justice.

Civil action under the Declaratory Judgments Act, G.S. § 1-253 et seq., to determine conflicting claims between heirs-at-law of Emma B. Egerton, deceased, and the beneficiaries under her will.

The single question presented for decision is whether the real estate described in the lapsed devise to N. M. Thornton, who predeceased the testatrix, passed under the residuary clause in Item 4 of the will or descended to her heirs-at-law as though...

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