GREEN v. GREEN

No. 314.

58 S.E.2d 722 (1950)

231 N.C. 707

GREEN et al. v. GREEN et al.

Supreme Court of North Carolina.

April 12, 1950.


Attorney(s) appearing for the Case

Chas. H. Manning, Williamston, for plaintiffs-appellants.

R. L. Coburn, Williamston, for defendant N. Cortez Green appellee.

Peel & Peel, Williamston, for other defendants appellees.


DEVIN, Justice.

The question presented for decision is whether the bequests to the defendants designated in the will as mortgage notes were adeemed by the subsequent foreclosure of the mortgages securing the notes and purchase of the mortgaged lands by the testator, or whether the legatees are entitled under the will to the lands thus acquired by the testator.

The principle of ademption is firmly imbedded in the law of wills, and is recognized in this jurisdiction...

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