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MANSOUR v. RABIL

No. 26.

177 S.E.2d 849 (1970)

277 N.C. 364

Virginia R. MANSOUR and B. D. Rabil, Jr., Plaintiffs, v. Sophie S. RABIL, Albert Rabil, Sr., George V. Safy, and Richard J. Rabil, Cynthia Ann Rabil and Robert Joseph Rabil, Minors, by their Guardian Ad Litem, M. Alexander Biggs, Lester Rabil, Thelma R. Lanhan, Pauline R. Kelly, Margaret R. Greenwood, and Alice S. Lewis, Defendants, and Peoples Bank & Trust Company, Executor of the Will of Susie Rabil, Deceased, Intervenor.

Supreme Court of North Carolina.

December 16, 1970.

Attorney(s) appearing for the Case

Braswell, Strickland, Merritt & Rouse by Roland C. Braswell, Goldsboro, Boyce, Mitchell, Burns & Smith by G. Eugene Boyce, Raleigh, Farris & Thomas by Allen G. Thomas, Wilson, for plaintiff appellants and plaintiff appellees.

Thorp & Etheridge by William L. Thorp, Jr., Rocky Mount, for Albert Rabil and Sophie Rabil, defendant appellants and defendant appellees.

Weeks, Muse & Brown by T. Chandler Muse, Tarboro, for George Victor Safy, defendant appellant and defendant appellee.

M. Alexander Biggs, Rocky Mount, guardian ad litem for Richard J. Rabil, Cynthia Ann Rabil and Robert Joseph Rabil, defendant appellants and defendant appellees.

Defendants Alice S. Lewis, Lester Rabil, Thelma R. Lanhan, Pauline R. Kelly, and Margaret R. Greenwood elected not to file Answer, made no appearance in this action, were not represented by counsel, and did not appeal.

S. L. Arrington, Rocky Mount, for Peoples Bank & Trust Co., executor of the will of Susie Rabil, intervenor.

MOORE, Justice.

The first question is: Was the will of B. D. Rabil and Susie Rabil executed pursuant to a valid, binding contract? There is no evidence of any contract between B. D. and Susie outside the will itself, and the contract, if any, must be determined from the language of the will.

The will of B. D. and Susie contains the following language:

"We, Betrus D. Rabil and Susie Rabil, his wife * * * do hereby make, publish and declare the following...

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