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TAYLOR v. TAYLOR

No. 167.

92 S.E.2d 136 (1956)

243 N.C. 726

Anna W. TAYLOR, Robert L. Taylor, B. Bruce Taylor and Paul H. Taylor, v. Patricia Ann TAYLOR, Donald Bruce Taylor, Paul H. Taylor, Jr., Kay Lowery Taylor and Lon Otis Taylor, Minors, and such unborn children of Robert L. Taylor, B. Bruce Taylor and Paul H. Taylor, or either of them, as may be hereafter born to Robert L. Taylor, B. Bruce Taylor and Paul H. Taylor, and any child or children of Robert L. Taylor, B. Bruce Taylor and Paul H. Taylor in esse at the death of Robert L. Taylor, B. Bruce Taylor and Paul H. Taylor.

Supreme Court of North Carolina.

April 11, 1956.

Attorney(s) appearing for the Case

John D. Larkins, Jr., Trenton, for defendants appellants.

White & Aycock, Kinston, for plaintiffs appellees.

WINBORNE, Justice.

Fundamentally decision of this appeal rests upon question as to whether the doctrine of election applies in respect to plaintiff, Anna W. Taylor.

The trial court, upon facts agreed, was of opinion and held that it does not apply.

In this connection, "the doctrine of election" as stated in the case of Lamb v. Lamb, 226 N.C. 662, 40 S.E.2d 29, 31, opinion by Seawell, J., "as applied to wills, is based on the principle that a person...

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