IN RE COVINGTON'S WILL

No. 457.

114 S.E.2d 261 (1960)

252 N.C. 551

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

Supreme Court of North Carolina.

May 18, 1960.


Attorney(s) appearing for the Case

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

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


RODMAN, Justice.

Before one can qualify as an executor he must take an oath (G.S. § 28-40) stating his belief that the writing he is to execute is the last will and testament of deceased and that he will well and faithfully execute the office agreeable to the trust and confidence imposed in him. G.S. § 11-11.

Mindful of his oath, what is the duty of an executor who, during the course of his administration, discovers a writing which convinces him...

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