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ELLIS v. POE

No. 8414SC324.

326 S.E.2d 80 (1985)

Ludie E. ELLIS (Widow), Rosa D. Ellis (Widow), Jonah B. Ellis, Jr., and wife, Joan Ellis, Grover C. Ellis and wife, Mildred Ellis, Josephine E. Hales and husband, James Hales, Katherine E. Bass (Unmarried), Lonnie O. Ellis and wife, Mary W. Ellis, et al. v. Hazel Ellis POE and husband, J.D. Poe, Pearl T. Ellis (Widow), Jack Dempsey Ellis and wife, Annie M. Ellis, Hazel Ellis Jones (Widow), George D. Ellis (Single), Margaret Ellis (Single), Hilda E. Jacobs and husband, Winston Jacobs, and Luetta T. Ellis (Widow).

Court of Appeals of North Carolina.

March 5, 1985.

Attorney(s) appearing for the Case

Glenn & Bentley by Robert B. Glenn, Jr., and John E. Markham, Jr., Durham, for petitioners-appellees.

Clayton, Myrick & McClanahan by Robert D. McClanahan, Durham, for respondents-appellants.

JOHNSON, Judge.

The following undisputed facts are gleaned from the petition, response, affidavits, interrogatories, request for admissions and exhibits:

On 5 September 1940, Buren Ellis, Sr. died intestate, survived by eight children, including petitioner Ludie E. Ellis and Napoleon Ellis. At the time of his death, Buren Ellis, Sr. owned a seventy-five acre tract of land located in Mangum Township, Durham County, North Carolina. This tract of land allegedly...

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