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IN RE SMITH'S WILL

No. 238.

107 S.E.2d 89 (1959)

249 N.C. 563

In the Matter of the WILL of Amos Gaston SMITH, Deceased.

Supreme Court of North Carolina.

February 25, 1959.

Attorney(s) appearing for the Case

C. M. Llewellyn, M. B. Sherrin, Jr., Concord, for propounders.

Payne & Hedrick, Charlotte, for caveator.

DENNY, Justice.

The propounders' first exception and assignment of error is to the finding of fact that the caveator tendered to the propounders and their attorney a certified check in the sum of $3,500 within the 90 days as provided in the consent judgment; that the caveator has agreed to accept a deed without warranty to the said lands from the propounders; that the propounders have failed and refused to convey their right, title and interest in the property in...

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