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BARTON v. CAMPBELL

No. 742.

95 S.E.2d 914 (1957)

245 N.C. 395

D. BARTON v. John W. CAMPBELL, Administrator C.T.A., d.b.n., of the Estate of Rose Ann Barton, Deceased; Lucy B. Chavis, Mary B. Dial, Odom Barton, Hester B. Oxendine, Martha Lee Smith, Ella Barton, Blanche Oxendine, Leola Barton, Vashti Barton, Mae Barton Locklear, Alsby Barton, Samuel Barton and Sylvia Barton; and any and all unborn children of D. Barton, and any and all unknown heirs of Rose Ann Barton.

Supreme Court of North Carolina.

January 11, 1957.

Attorney(s) appearing for the Case

N. L. Britt, Lumberton, for plaintiff, appellee.

Hackett & Weinstein, Robert Weinstein, Lumberton, for defendants, appellants.

HIGGINS, Justice.

Two questions are presented for decision: (1) Does item First of the will place a limitation upon the title to personal property bequeathed to the plaintiff? (2) If so, is the limitation satisfied and removed by the adoption of Sylvia and Samuel Barton?

In finding the answer to question (1), we must recognize that the intention of the testatrix is her will. Woodard v. Clark, 234 N.C. 215, 66...

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