Barrett v. . Williams

This is the same case that was before us on defendants’ appeal at the Spring Term, 1939, reported in 215 N. C., 131, 1 S. E. (2d), 366, when a new trial was ordered for error in directing a verdict for the plaintiff. Reference to the previous report of the case will suffice for statement of the principal facts.

The present record differs from the one on the former appeal in two particulars:

1. Upon the hearing “it was agreed and stipulated that the testator, J. S. Jones, left him surviving 5 children, to wit, Mrs. Josephine Spence, George Jones, Samuel Jones, Neut A. Jones, and S. Gertrude…