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ROBERSON v. PENLAND

No. 93.

133 S.E.2d 206 (1963)

260 N.C. 502

G. L. ROBERSON and wife Reva B. Roberson, et al. v. Mackey O. PENLAND.

Supreme Court of North Carolina.

November 20, 1963.

Attorney(s) appearing for the Case

Williams, Williams & Morris, by Robert R. Williams, Jr., Asheville, for plaintiff appellants.

Don C. Young and W. W. Candler, Asheville, for defendant appellee.

HIGGINS, Justice.

The plaintiffs seek to have the Court rescind the deed and the consent judgment by which the parties settled their respective claims in the property owned by Mrs. Gertrude Roberson Penland who died without lineal descendants on August 14, 1961. The defendant was the husband of the testatrix. By (a) of Item 2 of the will he was given a legacy of $2,000.00. The remainder of the not inconsiderable estate was devised to the plaintiffs as shown by (b...

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