In re the Estate of Davis

At this point in the controversy the only evidence which has been offered (there are no agreed or stipulated facts) is some untran-scribed evidence offered at the hearing before the Clerk (Buncombe), on 21 October 1969.

There are numerous unestablished facts argued in the briefs of the parties, and numerous unestablished facts alleged in the motion filed with the Clerk (Buncombe), but at this point we are not at liberty to accept them as correct. Therefore we have only summarized certain pertinent facts which were found by the Clerk (Buncombe) .

All parties, in their briefs, treat Exhibit B.…