Terry v. Terry

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 Testament has been probated in Wake County.

4. For several years prior to his death, Edward McKinley Terry, Sr. was President and sole stockholder of Terry’s…