WARD v. WARD

No. 8730SC380.

362 S.E.2d 847 (1987)

Josephine R. WARD v. Hallett S. WARD, Jr., as Executor and Trustee of the Will of Alvin T. Ward; Hallett S. Ward, Jr. individually; Hallett S. Ward, III, Catherine Ward, known and unknown, born and unborn heirs of Hallett S. Ward, III and Catherine Ward, and Wachovia Bank & Trust Company, N.A., as Trustee for the "Reverend James R. Long Memorial Trust Fund".

Court of Appeals of North Carolina.

December 22, 1987.


Attorney(s) appearing for the Case

Coward, Cabler, Sossomon & Hicks by Kent Coward, Sylva, for plaintiff-appellee.

Charles W. Hipps, Waynesville, for defendants-appellants.


COZORT, Judge.

Plaintiff brought this declaratory judgment action seeking the proper construction of her husband's will. From a judgment construing the will in her favor, defendant guardian ad litem appeals. We affirm.

Alvin T. Ward died testate on 30 January 1984. In his will he named his nephew, Hallett S. Ward, Jr., as executor of his estate and as trustee of the residuary trust created under Item IV of the will. Item IV provided in relevant part:

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