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IN RE ESTATE OF WALLACE

No. 520.

147 S.E.2d 922 (1966)

267 N.C. 204

In the Matter of the ESTATE of Mary Alice WALLACE.

Supreme Court of North Carolina.

May 4, 1966.

Attorney(s) appearing for the Case

Gavin, Jackson & Gavin, by H. M. Jackson, Sanford, and Barrett & Wilson, by P. H. Wilson, Carthage, for petitioner appellant.

Seawell & Seawell & Van Camp, by James R. Van Camp, Carthage, for respondent appellee.

PARKER, Chief Justice.

Petitioner has one assignment of error, which is as follows: "To the action of the Court in signing the Judgment in the proceeding."

An issue of fact arises upon the pleadings whenever a material fact is maintained by one party and controverted by the other. G.S. §§ 1-196 and 1-198; Wells v. Clayton, 236 N.C. 102, 72 S.E.2d 16; Baker v. Malan Construction Corp...

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