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ANDREWS v. GRAHAM

No. 738.

120 S.E.2d 734 (1961)

255 N.C. 267

Elizabeth Falk ANDREWS v. Evander GRAHAM, Hector Graham, John Hughes, Kossuth Falk, Virginia F. (Ginny) Kirkpatrick, Nuna F. Brown, Effie F. Owens, James Falk, Jr., Elizabeth McQ. Doares, Laurin McQueen, Donald McQueen, Raymond McQueen, Olga F. Monroe, Elsa F. Bracey, Alton Andrews, Ralph Andrews, Ruby A. Robinson, J. L. Falk, Earl C. Falk, Albert Falk, Guyon Falk, Boyd Falk, Howard Falk, Clovis Falk, Evelyn F. Riggs, Margaret Falk, Georgia F. Connell, Gertrude F. Smelley, Elizabeth F. Smelley, Janice F. Toombs, Sally Hughes, Effa Hughes, and the unknown heirs-at-law of O. C. Falk, Deceased; and Charles G. McLean, Guardian Ad Litem for any and all persons who are, or may be, not now in being or under disability or whose names and residences not now known, who may, to some degree or extent, be or become interested in the real property, the subject of this action.

Supreme Court of North Carolina.

July 7, 1961.

Attorney(s) appearing for the Case

J. H. Barrington, Jr., Lumberton, for plaintiff, appellee.

King & Cox, Laurinburg, for defendants Evander Graham, Laurin McQueen and Donald McQueen, appellants.

BOBBITT, Justice.

In the "First" item, O. C. Falk devised a life estate in his entire farm of 265 acres, more or less, to his sister, Elizabeth Falk, for life, and "the remainder in fee" to his niece, Elizabeth Falk. The devise of the life estate to his sister, Elizabeth Falk, lapsed upon her death during the lifetime of O. C. Falk. Nothing alse appearing, Elizabeth Falk, testator's niece, now plaintiff Elizabeth Falk Andrews, became the sole owner of the entire...

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