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TERRY v. TERRY

No. 105.

273 S.E.2d 674 (1981)

Edwin McKinley TERRY, Jr. v. Charles Thurman TERRY et al.

Supreme Court of North Carolina.

January 27, 1981.

Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by Steve Evans, Raleigh, for plaintiff.

Emanuel & Thompson by W. Hugh Thompson and Yeargan & Mitchiner by Joseph H. Mitchiner, Raleigh, for defendant.

BRANCH, Chief Justice.

Plaintiff first assigns as error the dismissal of his first and fourth claims which are grounded on fraud. In pertinent part he alleges in his complaint under these claims:

* * * * * 3. Plaintiff is the son of the late Edward McKinley Terry, Sr., who died testate in Wake County, North Carolina, on February 25, 1977. Plaintiff is a devisee under his father's Last Will and Testament dated February 5, 1977, which Last Will and...

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