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LYNN v. CLARK

No. 313.

119 S.E.2d 187 (1961)

254 N.C. 460

R. C. LYNN, Administrator of the Estate of David Lee Lynn, deceased, v. Mildred M. CLARK and William L. Clark, Administrator of Charles Clark, deceased.

Supreme Court of North Carolina.

April 12, 1961.

Attorney(s) appearing for the Case

W. Harold Mitchell, Valdese, John H. McMurray, Morganton, for plaintiff appellant.

Patton & Ervin, Morganton, for defendant appellee.

WINBORNE, Chief Justice.

The determinative question on this appeal is whether or not the complaint states a cause of action against William L. Clark, as administrator of the estate of Charles Clark, deceased.

The defendant here contends that the complaint fails to allege either that William L. Clark was the administrator of Charles Clark, deceased, or that he had qualified and was acting as administrator of said estate, and that, therefore, the court properly...

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