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HEADEN v. JACKSON

No. 598.

120 S.E.2d 598 (1961)

255 N.C. 157

Grace B. HEADEN and Robert E. Bencini, Executors of the Estate of Nancy E. Bencini, and as Individuals, v. Betty Bencini JACKSON and Hamilton B. Tatum.

Supreme Court of North Carolina.

June 16, 1961.

Attorney(s) appearing for the Case

Douglas, Ravenel, Josey & Hardy, Greensboro, for plaintiffs, appellees.

Morgan, Byerly, Post & Van Anda, High Point, for defendant Tatum, appellant.

HIGGINS, Justice.

The testatrix, Nancy E. Bencini, executed her will in 1948. She gave her daughter, Robah B. Tatum, one fifth of her estate which consisted entirely of personalty. The will did not contain a residuary clause. Robah B. Tatum died in June, 1959, leaving Hamilton B. Tatum, the appellant, whom she adopted in 1924 as her only child. The testatrix died in March, 1960. Does the legacy given to Robah B. Tatum go to the defendant, Hamilton B. Tatum, or does...

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