WILLIAMS v. HERRING

No. 724SC370.

190 S.E.2d 696 (1972)

15 N.C. App. 642

Katie H. WILLIAMS v. Oliver HERRING, Individually and As Co-Executor of the Estate of Sara E. Herring, Deceased, et al.

Court of Appeals of North Carolina.

August 23, 1972.


Attorney(s) appearing for the Case

Kornegay & Bruce, by George R. Kornegay, Jr., Mount Olive, for petitioner-appellee, Katie H. Williams.

Chambliss, Paderick & Warrick by Benjamin R. Warrick, Clinton, for respondent-appellee, Bobby Herring.

Vance B. Gavin, Kenansville, for respondent-appellee, Oliver Herring.

Rivers D. Johnson, Jr., Warsaw, for respondent-appellants, Retha Mae Smith, Clara Pearl Lynn, and Velma Ray Howard.

Turner & Harrison, by Fred W. Harrison, Kinston, for respondent-appellants, the Miller children.


BROCK, Judge.

Appellants argue that five of grantor's six living children failed to sign the deed. The record on appeal is conflicting on this point. The copy of subject deed as recorded by the Register of Deeds which is incorporated as an exhibit in the record on appeal fails to reflect a signature for five of the living children of Sarah E. (B) Herring. However, the notary certificate recites that five of the six children appeared on 3 January 1968 and acknowledged...

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