IN RE PENDERGRASS' WILL

No. 400.

112 S.E.2d 562 (1960)

251 N.C. 737

In the Matter of the WILL OF Mary T. PENDERGRASS, Deceased.

Supreme Court of North Carolina.

January 29, 1960.


Attorney(s) appearing for the Case

Banzet & Banzet, Warrenton, for propounders, appellants.

A. A. Bunn, Gholson & Gholson, Henderson, John Kerr, Jr., William W. Taylor, Jr., and Charles T. Johnson, Jr., Warrenton, for caveators, appellees.


MOORE, Justice.

Propounders insist a new trial should be granted and assign three reasons therefor: (1) That the court erred in admitting in evidence the consent judgment of 1948 and ruling, in effect, that propounders were estopped thereby to probate the will of Mary T. Pendergrass, for that "a contract, cast in the form of a consent judgment, among children of a living mother to nullify her will is contrary to the public...

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