ZACHARY v. SECURITY LIFE AND TRUST COMPANY

No. 6915SC182.

166 S.E.2d 495 (1969)

4 N.C. App. 221

Arlene N. ZACHARY v. SECURITY LIFE AND TRUST COMPANY and Quentin R. Zachary, Administrator of the Estate of Jimmy Darrell Zachary, Deceased.

Court of Appeals of North Carolina.

April 2, 1969.


Attorney(s) appearing for the Case

Ross, Wood & Dodge, by Harold T. Dodge, Graham, for plaintiff appellee.

Walker, Harris & Pierce, by Herbert F. Pierce, Graham, for Quentin R. Zachary, administrator, defendant appellant.


CAMPBELL, Judge.

The administrator contends that the trial judge committed reversible error in failing to sustain his motion for judgment as of nonsuit because the evidence on behalf of the plaintiff did not establish that she was the surviving widow within the meaning of the insurance policy. He argues that the deed of separation is controlling and that the following language of the deed of separation conclusively establishes that the plaintiff was not the surviving...

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