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CHOATE v. CHOATE

No. 7223DC469.

189 S.E.2d 647 (1972)

Maybelline R. CHOATE v. Billy Carroll CHOATE.

Court of Appeals of North Carolina.

June 28, 1972.

Attorney(s) appearing for the Case

Edmund I. Adams, Sparta, for plaintiff-appellee.

Arnold L. Young, Spartz, and R. Lewis Alexander, Elkins, for defendant-appellant.

MALLARD, Chief Judge.

The trial court erred in its finding that the children of the parties, Lynn and Holly Choate, both of whom have attained the age of eighteen years or older, were either minor or dependent children of the defendant in the absence of any finding that such children were "insolvent, unmarried and physically or mentally incapable of earning a livelihood." Crouch v. Crouch, 14 N.C. App. 49,

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