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REESE v. CARSON

No. 6828SC419.

164 S.E.2d 99 (1968)

3 N.C. App. 99

Mrs. Sol REESE, Mary Ring, Sue McCall, Eula Ball, Edith McIntyre and Bud McCullough v. Louise CARSON, Herman McCullough, and Joel H. Walker, Individually and as Executor of the Estate of Erline Duncan Walker, Deceased.

Court of Appeals of North Carolina.

November 20, 1968.

Attorney(s) appearing for the Case

Loftin & Loftin, by E. L. Loftin, Asheville, for plaintiff appellants.

Landon Roberts, Asheville, for Louise Carson and Herman McCullough, defendant appellants.

Harold K. Bennett, Asheville, for Joel H. Walker, defendant appellee.

BROCK, Judge.

Appellants concede, and properly so, that the failure of Erline Duncan Walker to file a final account in the Superior Court before her death would not preclude a determination that there had been a complete distribution of the estate of William T. Duncan. Their contention is that a complete distribution was not accomplished because the $4,000.00 bequest to Joel H. Walker, as provided in the Will of William T. Duncan, was never paid.

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