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BROWN v. BYRD

No. 531.

113 S.E.2d 804 (1960)

252 N.C. 454

Mrs. Myrtle J. BROWN and Melvin Johnson, Executors under the Last Will and Testament of the late Hassie M. Johnson, and Mrs. Myrtle J. Brown, Individually, and Melvin Johnson, Individually, v. Mrs. Mary J. BYRD et al.

Supreme Court of North Carolina.

April 27, 1960.

Attorney(s) appearing for the Case

Robert Morgan, Lillington, and McLeod & McLeod, Dunn, for defendants-appellants.

Howard G. Godwin, Dunn, for plaintiffs-appellees.

BOBBITT, Justice.

Plaintiffs allege that the four children of Will Johnson "were called `the children' by the said Hassie M. Johnson during his lifetime." The answers deny this allegation. The answer of Mrs. Gwendolyn J. Avery, et al., alleges that Hassie M. Johnson referred to all of his nieces and nephews as "the children." The court made no finding of fact as to this controverted matter.

The judgment contains recitals to the effect (1) that the facts are...

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