Vowell v. Carmichael

Hill, Justice.

These two appeals involve attacks on orders and a judgment issued by a superior court sitting as a court of equity. Zelma Fay C. Vowell and others appeal from the overruling of their motion to set aside the judgment and dismiss the complaint for lack of jurisdiction and lack of equity. They also appeal from a subsequent order approving the sale of certain property.

On December 17, 1970, all the legatees and devisees named in the will of Homer Clark Carmichael, that is, all his living children and two grandchildren, children of a deceased child, entered into an agreement to…