YANCEY v. WATKINS

No. 689SC271.

163 S.E.2d 625 (1968)

2 N.C. App. 672

W. T. YANCEY and wife, Laura C. Yancey, and Edward A. Morton and wife, Alice G. Morton v. Louise H. WATKINS, widow; Louise H. Watkins, Executrix of the Last Will and Testament of G. B. Watkins, Deceased; Louise H. Watkins, Trustee under the Last Will and Testament of G. B. Watkins, Deceased, for Charles Thomas Watkins, minor; Louise H. Watkins, Guardian of Charles Thomas Watkins, a minor, and Carolyn Louise Watkins Cheatham and husband, John Gordon Cheatham, Jr.

Court of Appeals of North Carolina.

October 23, 1968.


Attorney(s) appearing for the Case

Royster & Royster and Hicks & Taylor, by Edward F. Taylor, Oxford, for petitioner appellants.

Watkins & Edmundson, Oxford, for respondent appellees.


BRITT, Judge.

The first question presented by this appeal is whether the pleadings and evidence offered by the appellants, when taken in the light most favorable to them, are sufficient to sustain the doctrine of equitable estoppel and thus withstand a motion for nonsuit.

The essentials of an equitable estoppel (also known as estoppel in pais) are set forth in the case of Boddie v. Bond, 154 N.C. 359, 70 S.E. 824, as follows:

"1. Words or conduct...

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