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WRIGHT v. VADEN

No. 770.

146 S.E.2d 31 (1966)

266 N.C. 299

Elsie Johnson WRIGHT et al. v. William A. VADEN, Trustee for the beneficiaries under the Will of the late W. W. Davis, deceased, et al.

Supreme Court of North Carolina.

January 14, 1966.

Attorney(s) appearing for the Case

McMichael & Griffin, Reidsville, for plaintiff appellants.

Charles W. Campbell, Reidsville, guardian ad litem for Jean Johnson Wright, and others, defendant appellees.

SHARP, Justice.

This action, being for the construction of a will, should have been brought in Gaston County where the will was admitted to probate. Since, however, no objection on this ground was taken in the court below, the improper venue was waived. Devereux v. Devereux, 81 N.C. 12; McIntosh, N.C. Practice and Procedure § 804 (1956).

The question presented by this appeal is whether, in the devise of the remainder after her death, the words "to...

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