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ANDERS v. ANDERSON

No. 95.

97 S.E.2d 415 (1957)

246 N.C. 53

C. L. ANDERS and Valerie F. Cooksey v. Carl R. ANDERSON, Barbara Anderson, Charles Anderson, Jack Anderson, Virginia Stackhouse, Luther B. Anderson, Pauline Anderson, Oakley Anderson and Wynona Anderson, J. Worth Taylor, Clifford Taylor, J. P. Taylor, Mildred T. Fairchild, A. B. Hollingsworth, Widower, Max Anders, Gerald Anders, Sarah Anders, James Cooksey, Jr., Betty Cooksey, Walter Cooksey, Patricia Cooksey, by her Guardian ad litem, James O. Israel, Jr.

Supreme Court of North Carolina.

April 10, 1957.

Attorney(s) appearing for the Case

Robert S. Swain, Earl J. Fowler, William C. Morris, and Williams & Williams, Asheville, for plaintiffs, appellants.

George Pennell and F. Wade Hall, Jr., Asheville, for defendant Hollingsworth, appellee.

Paul J. Smith, W. M. Styles, Asheville, for defendants Carl R. Anderson, Barbara Anderson, Charles Anderson, Jack Anderson, Virginia Stackhouse, Luther Anderson, Pauline Anderson, Oakley Anderson, and Wynona Anderson, appellees.

James O. Israel, Jr., Asheville, for defendant Patricia Cooksey, appellee.

BOBBITT, Justice.

The provision of Mrs. Hollingsworth's will to be construed is a single sentence. Deleting the clauses referring to "the Taylor children," the testatrix wrote these words:

"I want my property to go to my father, brother, and sister, and I want my husband, A. B. Hollingsworth to have a home as long as he wishes to live with my people, and should he, my husband, outlive my father, brother and sister, I want

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