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McWHIRTER v. DOWNS

No. 7026SC36.

173 S.E.2d 587 (1970)

8 N.C. App. 50

Nancy H. McWHIRTER v. Kenneth R. DOWNS, Executor of the Estate of W. H. McWhirter, deceased, Nancy Marylan McWhirter; and Geraldine M. McWhirter.

Court of Appeals of North Carolina.

May 6, 1970.

Attorney(s) appearing for the Case

H. Parks Helms, Clayton, Lane & Helms, Charlotte, for plaintiff-appellant-appellee.

William H. Booe, Charlotte, for defendant appellees-appellants.

GRAHAM, Judge.

Plaintiff is the wife of a nephew of W. H. McWhirter who died on 10 December 1967 in Mecklenburg County. His will, which has been duly filed and probated in Mecklenburg County, provides in Items Eight, Nine and Ten as follows:

"ITEM EIGHT I will, devise and bequeath to Mary Lee Cory the sum of TWO THOUSAND AND NO/100 ($2,000.00) DOLLARS. ITEM NINE I will, devise and bequeath to Nancy H. McWhirter the sum of TWO...

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