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IN RE ESTATE OF DAVIS

No. 7028SC260.

173 S.E.2d 620 (1970)

7 N.C. App. 697

In the Matter of the ESTATE of Nancy S. DAVIS, Deceased.

Court of Appeals of North Carolina.

Certiorari Allowed July 14, 1970.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Hyde, by Herbert L. Hyde, for Northwestern Bank, Asheville, N. C., appellant.

Shuford, Frue & Sluder, by Gary A. Sluder, Asheville, for Dr. Mark A. Griffin, Jr., appellant.

Jordan, Wright, Nichols, Caffrey & Hill, by Welch Jordan and Edward L. Murrelle, Greensboro, for North Carolina Nat. Bank; Davis Memorial Baptist Church, Trustees of Davis Hospital Relief Fund; and Davis Hospital, Inc., appellees.

BROCK, Judge.

At this point in the controversy the only evidence which has been offered (there are no agreed or stipulated facts) is some untranscribed evidence offered at the hearing before the Clerk (Buncombe), on 21 October 1969.

There are numerous unestablished facts argued in the briefs of the parties, and numerous unestablished facts alleged in the motion filed with the Clerk (Buncombe), but at this point we are not at liberty to accept them as correct...

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