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PHIPPS v. GASKINS

No. 701SC264.

174 S.E.2d 826 (1970)

John H. PHIPPS, Howard Phipps and Bessemer Trust Company, a New Jersey Corporation, Trustees under the Will of John S. Phipps, deceased, John H. Phipps, Michael G. Phipps and Grace National Bank of New York, Trustees under a Trust Agreement, dated May 4, 1956, creating a Trust known as "John S. Phipps Foundation"; Howard Phipps, Trustee under the Will of Amy Guest, deceased, and Henry B. Martin, Townsend B. Martin, Alastair B. Martin, and Esmond B. Martin v. Cortez GASKINS et al.

Court of Appeals of North Carolina.

June 24, 1970.

Attorney(s) appearing for the Case

Wallace R. Gray, Manteo, and John H. Hall, Jr., Hall & Hall, Elizabeth City, for plaintiffs.

Charles C. Shaw, Jr., Leroy, Wells, Shaw & Hornthal, Russell E. Twiford, Twiford & Abbott, Elizabeth City, Wallace H. McCown, McCown & McCown, Manteo, for appellees.

BROCK, Judge.

This lawsuit has meandered at a leisurely pace. Complaint was filed 25 August 1962; the last answer was filed on 22 October 1965; on some date prior to 3 September 1963 Judge Bundy ordered a survey; between 3 September 1963 and 25 September 1963 the survey was made and map prepared; on 11 June 1964 Judge Cowper entered an order of reference; the Referee conducted hearings on 19 April 1965 and on 22 August 1966, and filed his report on 21 August 1967...

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