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WACHOVIA BANK & TRUST COMPANY v. McKEE

No. 89.

132 S.E.2d 762 (1963)

260 N.C. 416

WACHOVIA BANK & TRUST COMPANY, Executor of the Will of Ernest Lyndon McKee, Jr., Deceased, v. Ernestine N. McKEE, Ann McKee, Minor, Ernest Lyndon McKee, III, Minor, and Arthur William McKee, Minor.

Supreme Court of North Carolina.

October 30, 1963.

Attorney(s) appearing for the Case

Francis J. Heazel, Asheville, attorney and guardian ad litem for defendants Ernest Lyndon McKee, III, and Arthur William McKee, minors, appellant.

Adams & Adams, by J. G. Adams, Jr., Asheville, for defendant Ernestine N. McKee, appellee.

HIGGINS, Justice.

A will takes effect and speaks as of the date of the testator's death. Vandiford v. Vandiford, 241 N.C. 308, 84 S.E.2d 278. Ernest Lyndon McKee executed his will on January 28, 1949. He died on April 9, 1961. His will in unmistakable terms gave all his property and belongings to his wife, Ernestine N. McKee. On the day the will was executed...

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