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FIRST-CITIZENS BANK & TRUST COMPANY v. WILLIS

No. 90.

125 S.E.2d 359 (1962)

257 N.C. 59

FIRST-CITIZENS BANK & TRUST COMPANY, Executor-Trustee of the Estate of Frank B. Klein, v. Elizabeth Klein WILLIS, Howerton Klein Cooper, Judith Howerton Cooper, Minor, Gilbert Garth Cooper, Jr., Minor, Frank Klein Cooper, Minor, Constance Klein Willis, Minor, Elizabeth Carroll Willis, Minor, Francis Craig Willis, Minor, John L. Crump, General Guardian of Henrietta M. Klein.

Supreme Court of North Carolina.

May 2, 1962.

Attorney(s) appearing for the Case

George H. McNeill, Morehead City, for First Citizens Bank & Trust Company, appellee.

Harvey Hamilton, Jr., Morehead City, for defendant appellees.

George W. Ball, Morehead City, for defendant Crump, appellant.

SHARP, Justice.

At the time the will of Frank B. Klein was probated on 1 December, 1953, the mentally incompetent widow had had no guardian since the death of her guardianhusband on 22 November, 1953. On 9 December, 1953, her present guardian was appointed. The question is whether his failure to dissent to the will of her husband within 6 months of the date of his qualification thereafter constituted a bar to her right to dissent to the will and to participate in...

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