KUYKENDALL v. PROCTOR

No. 685.

155 S.E.2d 293 (1967)

270 N.C. 510

E. D. KUYKENDALL, Jr., Administrator of the Estate of Pattie B. Riddick, Deceased v. Mrs. Delia M. Zimmerman PROCTOR, Individually, and Mrs. Delia M. Zimmerman Proctor, Guardian of the Estate of Mrs. Pattie B. Riddick, Incompetent, and Mrs. Delia M. Zimmerman Proctor, Successor Trustee under a Trust Indenture Executed by Lucy W. Ball on November, 15, 1929, Recorded in Deed Book 101, Page 69, Office of the Register of Deeds of Durham County, North Carolina, and Deed Book 1747, Page 534, Office of the Register of Deeds of Guilford County, North Carolina, for the Use and Benefit of Mrs. Pattie B. Riddick et al.

Supreme Court of North Carolina.

June 20, 1967.


Attorney(s) appearing for the Case

Wharton, Ivey & Wharton, Greensboro, and Watkins & Jarvis, Durham, for plaintiff.

Claude V. Jones, Durham, for defendant.


LAKE, Justice.

In determining the sufficiency of a complaint to withstand a demurrer filed on the ground that it does not state facts sufficient to constitute a cause of action, all facts well pleaded in the complaint, including inferences of fact reasonably deduced therefrom and the provisions of any document attached to and made a part of the complaint, are deemed admitted by the demurrer, but conclusions of the pleader as to the proper construction of such instrument...

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