BIGGS v. FIRST-CITIZENS BANK & TRUST CO. OF SMITHFIELD

No. 456.

106 S.E.2d 709 (1959)

249 N.C. 435

Bryson W. BIGGS, Ancillary Administrator With Will Annexed of the Estate of Arnold M. Davis, Deceased, v. FIRST-CITIZENS BANK AND TRUST COMPANY OF SMITHFIELD, North Carolina, Executor and Trustee of the Estate of James E. Bryan, Deceased, and Byron E. Bryan, Executor of the Estate of Mary Z. Bryan, Deceased.

Supreme Court of North Carolina.

January 28, 1959.


Attorney(s) appearing for the Case

Murray Allen, Clem B. Holding and R. P. Upchurch, Raleigh, for plaintiff, appellant.

Arendell & Green and Alton T. Cummings, Raleigh, for defendant First Citizens Bank and Trust Company of Smithfield, North Carolina, appellee.

Armistead Maupin, Raleigh, for defendant Byron E. Bryan, appellee.


BOBBITT, Justice.

The only question presented is whether the evidence, considered in the light most favorable to plaintiff, was sufficient to make out a case for jury determination.

It was stipulated that Davis executed each and all of the documents referred to in the statement of facts. Obviously, plaintiff is barred by said "Agreement and Release" of December 10, 1952, unless it is void as to Davis on the ground that his execution thereof was obtained by...

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