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ARNOLD v. BATTLEY

No. 383.

113 S.E.2d 582 (1960)

252 N.C. 364

Frank C. ARNOLD, John C. Arnold, Jr., Doris M. Kincaid, W. T. Morton, Jr., Ethel W. Roy and F. L. Roy, v. W. R. BATTLEY, Guardian ad litem for the Unborn Grandchildren of A. F. Morton, Deceased.

Supreme Court of North Carolina.

April 13, 1960.

Attorney(s) appearing for the Case

Scott, Collier, Nash & Harris, By: Robert A. Collier, Statesville, for plaintiffs, appellees.

W. R. Battley, Statesville, for defendant, appellant.

HIGGINS, Justice.

We approve the judgment of the superior court. In doing so it is not necessary to determine whether the roll of grandchildren should have been called and the takers of the estate in remainder determined at the death of the testator or at the death of the life tenant. Wachovia Bank & Trust Co. v. Schneider, 235 N.C. 446, 70 S.E.2d 578. In either event the same grandchildren would...

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