ROUSE v. KENNEDY

No. 306.

132 S.E.2d 308 (1963)

260 N.C. 152

Robert ROUSE and Margaret Lewis Rouse, Trustees under the Will of J. C. Lewis, deceased; Robert Rouse and wife, Margaret Lewis Rouse, individually, and Nora Mae Sutton Lewis v. William W. KENNEDY and wife, Meta Mae Kennedy.

Supreme Court of North Carolina.

September 18, 1963.


Attorney(s) appearing for the Case

Whitaker & Jeffress, for plaintiffs-appellees.

R. S. Langley, for defendants-appellants.


DENNY, Chief Justice.

The only assignment of error is to the judgment entered below.

The appellants contend that in view of the following provision in the last will and testament of J. C. Lewis, to wit, "If it becomes necessary in the judgment of my Trustees to sell any of the real estate, it is my wish and desire that the farm lands known as the `Harris Place' be first sold to provide the necessary funds to carry out the purposes of this trust," the trustees...

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