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DAVIS v. GRIFFIN

No. 99.

105 S.E.2d 119 (1958)

249 N.C. 26

Robert L. DAVIS III and wife, Anne S. Davis, Margaret Davis Allen and husband, W. A. Allen, and Janie Davis Griffin, Unmarried, v. Francis Millard GRIFFIN, W. A. Allen III, Frances Marion Allen, and Margaret Elizabeth Davis, Minors; The Unborn Next of Blood Kin of Robert L. Davis III, The Unborn Next of Blood Kin of Margaret Davis Allen, and the Unborn Next of Blood Kin of Janie Davis Griffin; All persons now in being who are or may in any contingency become interested as nearest of Blood Kin of Margaret Davis Allen, Janie Davis Griffin, and Robert L. Davis III, In the tracts or parcels of land described in the Petition filed in this proceeding, as contingent remaindermen, but who because of the contingency cannot be ascertained and are now unknown, all appearing here by their Guardian Ad Litem, Sam B. Underwood, Jr.

Supreme Court of North Carolina.

October 8, 1958.

Attorney(s) appearing for the Case

Underwood & Everett, Greenville, for respondents-appellants.

Lewis & Rouse, Farmville, for plaintiffs-appellees.

WINBORNE, Chief Justice.

The appellant states, and the appellees agree, that the question involved on this appeal is substantially as follows:

Do the petitioners, owning in fee undivided interests in several tracts of land, and also owning life estates in the balance of the undivided interests in the same tracts of land, have the right, as against contingent remaindermen, to partition the several tracts of land...

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