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COPPEDGE v. COPPEDGE

No. 97.

67 S.E.2d 463 (1951)

COPPEDGE v. COPPEDGE et al.

Supreme Court of North Carolina.

November 15, 1951.

Attorney(s) appearing for the Case

L. L. Davenport, Nashville, for plaintiff.

Cooley & May, Nashville, O. B. Moss. Spring Hope, and Hill Yarborough, Louisburg, for defendants.

BARNHILL and ERVIN, Justices.

The petitioners misapprehend the force and effect of the decision herein. This Court has not adjudged that the paper writing referred to in the pleadings is the last will and testament of J. W. Coppedge, deceased. It was so adjudged by the clerk of the Superior Court when the paper writing was probated in common form. That adjudication is conclusive and binding on this Court and the parties in this action. Holt v. Holt,

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