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ARMSTRONG v. ARMSTRONG

No. 601.

71 S.E.2d 119 (1952)

235 N.C. 733

ARMSTRONG et al. v. ARMSTRONG et al.

Supreme Court of North Carolina.

June 11, 1952.

Attorney(s) appearing for the Case

Burns & Burns, Whiteville, for plaintiffappellant.

Powell & Powell, Whiteville, for defendants-appellees.

JOHNSON, Justice.

The single question presented by this appeal is whether the codicil revokes by implication the original devise to Woodie C. Armstrong of the 38½ acre tract of land (less 5 acres to be cut off for another devisee) and limits his devise to 10 acres thereof, thus leaving the residue of approximately 23½ acres as undevised real estate belonging to the heirs at law of William H. Armstrong as tenants in common as in case of intestacy.

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