FERRELL v. BASNIGHT

No. 94.

127 S.E.2d 219 (1962)

257 N.C. 643

Lewis E. FERRELL, Executor of the Last Will and Testament of Della Basnight Bell v. Oscoe BASNIGHT, Melvin Basnight, St. Claire Basnight, Milroe Etheridge, Myrtle B. Peck, Enid B. Ford, Ellen Alexander, and Flossie Basnight.

Supreme Court of North Carolina.

September 19, 1962.


Attorney(s) appearing for the Case

Barden, Stith & McCotter, by L. A. Stith, New Bern, for plaintiff appellant.

R. E. Sumrell, New Bern, for defendants appellees.


RODMAN, Justice.

Plaintiff, appellant, does not contend his rights are in any wise prejudiced by the judgment. Admittedly the court has answered the questions which plaintiff wanted answered and which are determinative of the rights of the parties. Mrs. Alexander did not deny the allegation in the complaint that Mrs. Bell, when she referred to her half sister, meant Mrs. Etheridge and not Mrs. Alexander. In fact Mrs. Alexander not only did not deny the allegation...

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