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READING v. DIXON

No. 7027SC565.

178 S.E.2d 322 (1971)

10 N.C. App. 319

J. G. READING and First Union National Bank of North Carolina, Co-Executors of the Last Will and Testament of William L. Balthis, Deceased, v. Ben F. DIXON et al.

Court of Appeals of North Carolina.

January 13, 1971.

Attorney(s) appearing for the Case

Garland, Alala, Bradley & Gray by James B. Garland, Gastonia, for plaintiff appellees.

Hollowell, Stott & Hollowell by Grady B. Stott, Gastonia, for Mary Anne Dixon Hogue, and others, defendant appellees.

Whitener & Mitchem by Basil L. Whitener and Anne M. Lamm, Gastonia, for Evelyn B. Cordes, and others, defendant appellees.

Joseph B. Roberts, III, Gastonia, for defendant appellants.

HEDRICK, Judge.

The exceptions present the question of whether the facts found or admitted support the conclusions of law and the judgment entered. Appellants contend that the specific bequests in Item IV of the Will were adeemed by the theft of the silverware on 8 August 1968, and that the insurance benefits should pass to them by virtue of the residuary clause in the will.

The principle of ademption in North Carolina has been defined as "* * * the destruction...

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