PICKELSIMER v. PICKELSIMER

No. 34.

121 S.E.2d 586 (1961)

255 N.C. 408

Juanell Petit PICKELSIMER, by and through her Next Friend, Robert T. Gash, v. Charles W. PICKELSIMER, Jr., and Joseph Pickelsimer, Executors of the Estate of C. W. Pickelsimer, Sr., deceased.

Supreme Court of North Carolina.

September 27, 1961.


Attorney(s) appearing for the Case

Redden, Redden & Redden, Hendersonville, J. Bruce Morton, Brevard, for defendants-appellants.

Uzzell & DuMont, Asheville, Hamlin, Potts, Ramsey & Hudson, Brevard, for plaintiff-appellee.


WINBORNE, Chief Justice.

The question presented on this appeal is: Did the court below err in denying defendants' motion to make Blanche Petit Goosen a party to this action? The answer is No.

While the minor plaintiff is not a party to the alleged contract between her mother and the defendants' testator, she is a beneficiary under it to the extent that the promises contained therein relate to her. And if the defendants' testator breached the contract, plaintiff...

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