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OVERTON v. OVERTON

No. 21.

129 S.E.2d 593 (1963)

259 N.C. 31

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.

March 6, 1963.

Attorney(s) appearing for the Case

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

Frank B. Aycock, Jr., and W. C. Morse, Jr., Elizabeth City, for respondents, appellees.

MOORE, Justice.

Anthony Ashley Overton and Dorothy Isabella White were married in 1929 in the State of New York. Without having obtained a divorce, Overton entered into a marriage ceremony with Annabelle Hollowell in 1938 in Camden County, North Carolina. He and Annabelle lived together in North Carolina and three children, Sylvia, Frederick and Jennette Overton, were born to them. Anthony died testate on 12 November 1958. His will was admitted to probate on 17 November...

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