IN RE BELVIN'S WILL

No. 668.

134 S.E.2d 225 (1964)

261 N.C. 275

In the Matter of the WILL of Lee D. BELVIN, Deceased.

Supreme Court of North Carolina.

January 31, 1964.


Attorney(s) appearing for the Case

Charles B. Nye and Winders & Mitchell, by R. Roy Mitchell, Jr., Durham, for caveator appellants.

Everett, Everett & Everett by Katherine R. Everett, Hofler, Mount & White, by L. H. Mount, Durham, and McLendon, Brim, Holderness & Brooks, by L. P. McLendon, Sr., Greensboro, for respondent appellees.


RODMAN, Justice.

The right to contest the validity of a writing offered for probate or probated in common form is by statute, G.S. § 31-32, limited to "any person entitled under such will, or interested in the estate."

Appellees maintain this language excludes all who would benefit by a prior testamentary disposition unless they were (1) heirs of the deceased, or (2) named as beneficiaries in the writing they seek to nullify. The court accepted appellees...

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