HARGRAVE v. GARDNER

No. 289.

141 S.E.2d 36 (1965)

264 N.C. 117

Raymond E. HARGRAVE v. Wade A. GARDNER, Administrator of the Estate of Lillian E. Grady, Deceased.

Supreme Court of North Carolina.

March 24, 1965.


Attorney(s) appearing for the Case

Carr & Gibbons, Wilson, for plaintiff.

Lucas, Rand, Rose & Morris and Louis B. Meyer, Wilson, for defendant.


MOORE, Justice.

The demurrer was sustained below on the theory that the facts alleged by plaintiff affirmatively show that the purported cause of action has not accrued and will not accrue until there has been a final judicial determination that the paper writing is not the last will and testament of Lillian E. Grady, that is, that the cause of action "is solely predicated upon a contingency which has not happened." The action was dismissed. This result, if sustained...

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