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BURTON v. HYDER

No. 388.

138 S.E.2d 485 (1964)

262 N.C. 733

W. T. BURTON, Rosa Palmer, and John Y. Hutcheson, Executors, Petitioners, v. Mrs. Henry S. (Alice Baskervill) HYDER et al., Respondents.

Supreme Court of North Carolina.

November 4, 1964.

Attorney(s) appearing for the Case

Thomas S. Curtin, Bristol, Tenn., and Henry C. Fisher, Asheville, for minor respondents appellants and Charles T. Johnson, Jr., their guardian ad litem.

Willis, MacCracken, Butler & Scheifly, by Arthur B. Willis, Los Angeles, Cal., Womble, Carlyle, Sandridge & Rice, by Leon L. Rice, Jr., Charles F. Vance, Jr., and Allan R. Gitter, Winston-Salem, for Mrs. Bernard (Virginia) Kotkin, respondent appellee.

John H. Kerr, Jr., Warrenton, John Y. Hutcheson, Boydton, Va., and John H. Kerr, III, Goldsboro, for petitioners appellees.

PER CURIAM:

In Item 19 of her will, Mrs. Palmer directed her executors to sell all the property she had not specifically bequeathed or devised in items 1 through 18. The cash thus derived is the residuary estate, which she described in items 20 and 21 as "my property not otherwise passing under this will." Mrs. Palmer disposed of this property by the use of parallel language in two successive residuary clauses, items 20...

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