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DIOCESE OF WESTERN NORTH CAROLINA v. SALE

No. 90.

118 S.E.2d 399 (1961)

254 N.C. 218

DIOCESE OF WESTERN NORTH CAROLINA OF the PROTESTANT EPISCOPAL CHURCH; Asheville Chapter of the United Daughters of the Confederacy; Trinity Protestant Episcopal Church of Asheville, N. C.; Annie Justice Greene; The Right Reverend M. George Henry, Bishop of the Diocese of Western North Carolina of the Protestant Episcopal Church; and the Reverend John W. Tuton, Rector of Trinity Protestant Episcopal Church of Asheville, N. C. v. Fred L. SALE and T. Clayton Pegram, Co-Executors Under the Will of Julia Bethel Roberts Clayton, Deceased; T. Clayton Pegram, Individually; and Betty Pegram Sessoms.

Supreme Court of North Carolina.

March 1, 1961.

Attorney(s) appearing for the Case

George W. Craig and E. L. Loftin, Asheville, for defendant T. Clayton Pegram, coexecutor and individually appellant.

Lee and Allen, Asheville, for plaintiffs, appellees.

HIGGINS, Justice.

The pleadings are sufficient to permit these inferences: (1) More than four years before her death the testatrix executed a power of attorney authorizing T. Clayton Pegram to act for her in certain business transactions. (2) Pegram purchased Reynolds stock which the plaintiffs allege was paid for entirely from funds of testatrix, and which the defendant alleges was paid for in part by the testatrix and in part by himself; that the stock was issued...

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