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OVERTON v. OVERTON

No. 17.

132 S.E.2d 349 (1963)

260 N.C. 139

Dorothy Isabella OVERTON, Widow, Petitioner, v. Annabelle OVERTON, non compos mentis, Jennette Overton, Frederick Overton, Sylvia Lee Overton, minors, and Elijah Cherry, Trustee and Executor of the Estate of Anthony Ashley Overton, Deceased, Respondents.

Supreme Court of North Carolina.

September 18, 1963.

Attorney(s) appearing for the Case

J. Kenyon Wilson, Jr., and Killian Barwick, Elizabeth City, for petitioner.

Frank B. Aycock, Jr., and W. C. Morse, Jr., Elizabeth City, for respondents Annabelle Overton and Gerald F. White, guardian ad litem.

MOORE, Justice.

This is a sequel to Overton v. Overton, 259 N.C. 31, 129 S.E.2d 593, heard at the Spring Term 1963. The first appeal was by petitioner. The case was tried at the September 1962 Term of the Superior Court of Pasquotank County before Bundy, J., and a jury. The jury answered the issue in favor of petitioner, but the judge, notwithstanding the verdict and contrary thereto, entered judgment...

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