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IN RE SUMMERLIN'S WILL

No. 320.

122 S.E.2d 55 (1961)

255 N.C. 523

In the Matter of the WILL of Lanie Rouse Williams SUMMERLIN, Deceased.

Supreme Court of North Carolina.

October 18, 1961.

Attorney(s) appearing for the Case

John G. Dawson, Alvin Outlaw and George B. Greene, Kinston, for propounders, appellees.

Charles L. Abernethy, Jr., New Bern, for appellant (caveator-movent), L. S. Summerlin.

PARKER, Justice.

This appears on the face of the record proper:

Lanie Rouse Williams Summerlin, a resident of Lenoir County, died testate on 26 August 1954. On 31 August 1954 her purported will was admitted to probate in common form, and testamentary letters were issued by the court to the executrix therein named.

On 5 January 1955 Lewis S. Summerlin, husband of the deceased testatrix, filed a caveat to the purported will of his deceased wife, in which...

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