McRORIE v. CRESWELL

No. 602.

160 S.E.2d 681 (1968)

273 N.C. 615

Grace Taylor McRORIE and husband, Howard S. McRorie, and Elizabeth Taylor Burgess, widow, v. Billy Ray CRESWELL, (widower).

Supreme Court of North Carolina.

May 1, 1968.


Attorney(s) appearing for the Case

Kenneth B. Cruse, Concord, for plaintiff appellees.

Williams, Willeford & Boger and Robert H. Irvin, Concord, for defendant appellant.


SHARP, Justice.

The controversy between the parties to this action involves the interpretation of the will of George M. Misenheimer (testator). The pleadings raise no issue of fact on any material proposition. Thus, the rights of the parties must be determined as a matter of law on the undisputed facts contained therein. Phillips v. Gilbert, 248 N.C. 183, 102 S.E.2d 771. It follows, therefore, that...

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