Davis v. Singleton

130 S.E.2d 10 (1963)

259 N.C. 148

Madge Cherry DAVIS

v.

Sadie Cherry SINGLETON.

No. 242.

Supreme Court of North Carolina.

March 20, 1963.

Rodman & Rodman, Washington, D. C., for defendant-appellant.

Spruill, Thorp, Trotter & Biggs, Rocky Mount, for plaintiff-appellee.

SHARP, Justice.

For the purpose of testing the sufficiency of the complaint, the demurrer to the original complaint and the demurrer ore tenus to the amended complaint admitted the following facts:

C. T. Cherry devised and bequeathed his entire estate to plaintiff and defendant in equal shares for life and named defendant his executrix. At…