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DICKEY v. HERBIN

No. 604.

108 S.E.2d 632 (1959)

250 N.C. 321

Lacy DICKEY, Executor of the Estate of L. F. Troxler, Deceased; Lacy Dickey, Individually, and his wife, Gladys K. Dickey, v. Amanda T. HERBIN (widow), Joe Troxler and his wife, et al.

Supreme Court of North Carolina.

May 20, 1959.

Attorney(s) appearing for the Case

John D. Xanthos, Burlington, and Rufus W. Reynolds, Greensboro, for Lacy Dickey, executor, appellant.

Thomas C. Carter and John H. Vernon, Burlington, for appellees.

MOORE, Justice.

It is clearly apparent that the rulings of the court below to which the executor excepts are not adverse to the interests of the L. F. Troxler estate, but are adverse to Lacy Dickey, individually, and the other residuary legatee and devisee. In the trial below the executor contended, and contends here, that the lapsed devises and legacies of R. L. Summers should not go intestate, but should go to the surviving residuary legatees and devisees, namely...

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