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PALMER v. KETNER

No. 7530SC799.

223 S.E.2d 913 (1976)

29 N.C. App. 187

Alvin PALMER et al. v. Mary KETNER, Individually, et al.

Court of Appeals of North Carolina.

April 21, 1976.

Attorney(s) appearing for the Case

Brown, Ward & Haynes, P. A. by Woodrow H. Griffin, Waynesville, for plaintiffs-appellees.

Millar, Alley & Killian by Leon M. Killian, III, Waynesville, for defendant-appellant, Mary Ketner.

CLARK, Judge.

The trial court ruled "That there having been no caveat to the will of E. K. Parton and particularly in view of the fact that Mary Ketner was a subscribing witness, the said Mary Ketner is estopped to deny that the trust corpus should be distributed to the heirs of Rena Henry and Leah Palmer." We find that the court erred in this conclusion. The subscribing witness to a will is not required to read it, and the witness's signature is only an affirmation...

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