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PRITCHETT v. THOMPSON

No. 746SC736.

209 S.E.2d 823 (1974)

23 N.C. App. 728

J. A. PRITCHETT, Executor of the Will of Lewis W. Thompson, Jr., Plaintiff, v. William C. THOMPSON, et al., Defendants.

Court of Appeals of North Carolina.

November 20, 1974.

Attorney(s) appearing for the Case

Gillam & Gillam by M. B. Gillam, Jr., Windsor, for defendant appellant Sallie Cora Eason Norfleet.

White, Hall, Mullen & Brumsey by Gerald F. White, Elizabeth City, and Griffin & Martin by Hugh M. Martin, Williamston, for defendant appellees Burgess U. Whitehead and other defendants listed in statement.

BALEY, Judge.

While this appeal was pending, the life tenant, W. C. Thompson, uncle of Lewis W. Thompson, Jr., died on the 4th day of October, 1974 and stipulation to this effect signed by counsel for all parties has been filed in this Court as a part of the record. Since the outstanding life estate has now terminated, the reason assigned by the trial court for dismissal of the action no longer obtains. Without passing on the merits of this appeal, the judgment of...

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