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ABBOTT v. ABBOTT

No. 29.

153 S.E.2d 39 (1967)

269 N.C. 579

Marvin G. ABBOTT, Executor of the Estate of J. S. Abbott, Deceased v. Carrie Nixon ABBOTT.

Supreme Court of North Carolina.

March 1, 1967.

Attorney(s) appearing for the Case

W. C. Morse, Jr., and J. W. Jennette, Elizabeth City, for plaintiff appellant.

Small & Small, Elizabeth City, for defendant appellee.

PER CURIAM.

Since the plaintiff alleges that he is the duly qualified executor of the estate of the deceased, it is apparent upon the face of the complaint that the deceased died testate. The will is not made part of the complaint nor are its provisions referred to therein. Thus, it does not appear that the will contains any bequest or devise to or for the benefit of the defendant or that it created in or conferred upon...

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