IN RE COVINGTON'S

No. 456.

114 S.E.2d 257 (1960)

252 N.C. 546

Matter of the WILL of Leake S. COVINGTON, Deceased.

Supreme Court of North Carolina.

May 18, 1960.


Attorney(s) appearing for the Case

Leath & Blount, Rockingham, and Blakeney, Alexander & Machen, Charlotte, for appellants.

Webb & Lee, Bynum & Bynum, Rockingham, and Robinson, Jones & Hewson, Charlotte, for appellee.


RODMAN, Justice.

Courts of equity, to prevent injustice to one who relies on the spoken word or act of another, fashioned a rule of conduct called estoppel in pais. The rule prohibits or estops the speaker or actor from controverting what he had previously asserted. Lord Coke said: "It is called an estoppel or conclusion, because a man's own act or acceptance stoppeth or closeth up his mouth to allege or plead the truth."

Adams, J., said: "Equitable estoppel...

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