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BRAUFF v. COMMISSIONER OF REVENUE

No. 463.

111 S.E.2d 620 (1959)

251 N.C. 452

Herbert D. BRAUFF (Deceased), Mrs. H. D. Brauff, Executrix, Petitioner, v. COMMISSIONER OF REVENUE of the State of North Carolina, In The Matter of the Assessment of Taxes By The State of North Carolina For The Income Year 1953.

Supreme Court of North Carolina.

December 16, 1959.

Attorney(s) appearing for the Case

John Webb, Wilson, Frank P. Meadows, Jr., Rocky Mount, for petitioner, appellant.

Malcolm B. Seawell, Atty. Gen., Lucius W. Pullen, Asst. Atty. Gen., for the State.

HIGGINS, Justice.

The record discloses that Herbert D. Brauff died in Richmond, Virginia, on June 15, 1955. His will was executed in Wilson County on April 9, 1953. Laura Brauff, wife of the testator, a resident of Vandergrift, Pennsylvania, was named executrix. A controversy arose as to whether the testator was a resident of North Carolina or of Pennsylvania. He owned extensive property in both states. The executrix probated the will in, and received letters testamentary...

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