CUNNINGHAM v. BRIGMAN

No. 319.

139 S.E.2d 353 (1964)

263 N.C. 208

Robert CUNNINGHAM, Margaret Cunningham Edwards, Frances Cunningham Hardy, Evelyn Cunningham Sutton, Ray Cunningham, Ervin Cunningham, Thelbert Cunningham, James Cunningham, Ruby Cunningham Mewborn, Marjorie Cunningham Price, and Laura Cunningham Thrift, v. Alice Bland BRIGMAN, alias Alice Bland Cunningham, and Wachovia Bank and Trust Company, Executor of the Estate of Leon Cunningham.

Supreme Court of North Carolina.

December 16, 1964.


Attorney(s) appearing for the Case

White & Aycock, by Chas. B. Aycock, Kinston, for plaintiff appellees.

Wallace & Langley, by F. E. Wallace, Jr., Kinston, for Wachovia Bank & Trust Co., Executor of Estate of Leon Cunningham, appellee.

J. Harvey Turner, Kinston, for defendant Alice Brigman Cunningham, appellant.


HIGGINS, Justice.

The purpose of the action is to have the Court declare the rights of the parties arising under the will of Leon Cunningham. By the terms of the will, the plaintiffs are given the entire estate except the $75.00 per month to be paid to the appellant by the trustee during the life of the trust, and then by the testator's children thereafter during her life, or until she remarries. She filed a dissent to the will. This controversy presents a proper...

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