CHAPPELL v. CHAPPELL

No. 34.

133 S.E.2d 666 (1963)

260 N.C. 737

In the Matter of Beecher P. CHAPPELL, Guardian of Bessie Chappell, Incompetent, v. Beecher P. CHAPPELL, Individually, et al.

Supreme Court of North Carolina.

December 19, 1963.


Attorney(s) appearing for the Case

Aydlett & White, Elizabeth City, for petitioner appellant.

LeRoy, Wells & Shaw, Elizabeth City, for respondent appellants.

W. J. P. Earnhardt, Jr., Edenton, guardian ad litem for Burrus Chappell, Jr.

Philip P. Godwin, Gatesville, for respondent appellees.


DENNY, Chief Justice.

The question posed for decision is whether or not the words "to the nearest heirs" as they appear in Item Three of the will of John S. Chappell bring this devise within the rule in Shelley's case.

In the case of Allen v. Hewitt, 212 N.C. 367, 193 S.E. 275, this Court said: "The terms `loan' and `lend' when used in a will are given the interpretation of the words `give' and `devise' unless it is manifest that the testator intended otherwise...

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