MILLER v. McLEAN

No. 165.

113 S.E.2d 359 (1960)

252 N.C. 171

Robert P. MILLER and wife, Betty W. Miller, Petitioners, v. Virginia M. McLEAN (Widow); T. R. Ward and wife, Jane Goode Ward; Helen Goode Golden (Widow); Lillian Vanoy Goode (Widow); Jane Ann Cochran and husband, Deale B. Cochran; Helen Goode Cameron and husband, Donald Cameron, Corita Edwards Miller, and Robert A. Little and T. R. Ward, Trustees, Respondents.

Supreme Court of North Carolina.

March 16, 1960.


Attorney(s) appearing for the Case

Redden, Redden & Redden, Hendersonville, for petitioner appellants.

W. H. Childs, Sr., Lincolnton, for Corita Edwards Miller.

Kemp B. Nixon, Lincolnton, and George Hopkins, Atlanta, Ga., for original respondents.

McDougle, Ervin, Horack & Snepp, Charlotte, for Robert A. Little and T. R. Ward, remaining trustees and executors.


RODMAN, Justice.

Sec. 2 of Plato Miller's will devises to his wife in fee and absolutely his home place and household and kitchen furniture. Her right to this property is not involved in this litigation.

Sec. 3 gives to his wife the sum of $325 to be paid monthly "during her natural life or as long as she remains my widow, and paid directly to her monthly by said trustees out of the net income of my estate as fully set out hereinafter in this will."

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