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GRANT v. BANKS

No. 696.

155 S.E.2d 87 (1967)

270 N.C. 473

George R. GRANT, Executor of Rebecca Kennedy, Deceased, Petitioner v. Sarah Kennedy BANKS et al., Respondents.

Supreme Court of North Carolina.

June 20, 1967.

Attorney(s) appearing for the Case

Tally, Tally & Lewis, Fayetteville, for plaintiff Executor, petitioner.

John B. Regan, St. Pauls, Nance, Barrington, Collier & Singleton, Fayetteville, for appellant respondents.

BRANCH, Justice.

The first and principal question presented by this appeal is whether there was an ademption of the specific devise of the store building described in Item Third of the last will and testament of Rebecca Kennedy when the property was sold under court order by the trustee during the lifetime of the testatrix, but during her mental and physical incompetency, which incompetency continued until her death.

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