BEAR v. BEAR

No. 685SC441.

165 S.E.2d 518 (1969)

3 N.C. App. 498

Sigmond A. BEAR, Administrator c. t. a. of the Estate of Moses Bear v. Sigmond A. BEAR and wife, Catherine Bear, Janet Bear Durham and husband, Emmett Durham, Miriam Moss and husband, Sidney Moss, and Sally Stephenson and husband, Glenn Stephenson.

Court of Appeals of North Carolina.

February 5, 1969.


Attorney(s) appearing for the Case

Hogue, Hill & Rowe, by C. D. Hogue, Jr., Wilmington, for respondent appellants (and appellees) Sigmond A. Bear and wife, Catherine Bear, and Janet Bear Durham and husband, Emmett Durham.

Marshall & Williams, by Lonnie B. Williams, Wilmington, for respondent appellants (and appellees) Miriam Moss and husband, Sidney Moss, and Sally Stephenson and husband, Glenn Stephenson.


MORRIS, Judge.

At the outset, exceptions of all respondents to the "findings of fact" are without merit and are overruled because the facts stated by the court as "findings of fact" are only recapitulation of facts admitted, stipulated or agreed upon, and the exceptions will be considered only as exceptions to the conclusions of law.

Appellants Bear and Durham contend that they should take the entire residue of the estate, relying both on the effect of North...

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