GOMER v. ASKEW

No. 20.

89 S.E.2d 117 (1955)

242 N.C. 547

J. R. GOMER and wife, Mary Frances Gomer, Amos J. Gomer and wife, Eunice H. Gomer, R. G. Gomer and wife, Lillian J. Gomer, Ethel G. Ryder and husband, W. T. Ryder, Bernice G. Benton and husband, W. W. Benton, Elliott R. Horton and wife, Mary A. Horton, W. Hagar Horton and wife, Marguerite Horton, Waiter E. Horton and wife, Virginia J. Horton, R. B. Pierce and wife, Lydia H. Pierce, Minnie H. Hobbs and husband, James W. Hobbs, Dempsey Horton and wife, Katherine C. Horton, Elsie H. Barnhill and husband, S. C. Barnhill, Plaintiffs, v. M. P. ASKEW, Defendant.

Supreme Court of North Carolina.

September 21, 1955.


Attorney(s) appearing for the Case

W. D. Boone, Winton, and J. Carlton Cherry, Ahoskie, for plaintiffs, appellants.

T. W. Costen, Gatesville, and Worth & Horner, Elizabeth City, for defendant, appellee.


BOBBITT, Justice.

The testator contemplated that his wife and children would have and take the benefits provided for them in his Will. He devised a part of his real property, the "Jackey Jones" tract, to his wife, Lizzie Gomer, during her natural life. He directed that, after her death, the "Jackey Jones" tract be sold and (the proceeds) divided equally between all of his children. Further, he directed that all his other property, real and personal,...

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