In Re the Estate of Galloway

"WiNbobne, J.

A reading of the record on this appeal leads to the conclusion that the judgment from which this appeal is taken was rendered upon facts found under a misapprehension of the law. In such case the facts found will be set aside on the theory that the evidence before the court should be considered in its true legal light. McGill v. Lumberton, 215 N. C. 752, 3 S. E. (2) 324, and cases there cited. See also S. v. Calcutt, 219 N. C. 545, 15 S. E. (2) 9; Stanley v. Hyman-Michaels Co., 222 N. C. 257, 22 S. E. (2) 570; S. v. Williams, 224 N. C. 183, 29 S. E. (2) 744; Coley v. Dalrymple,…