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FIRST NATIONAL BANK OF NEVADA v. WELLS

No. 539.

148 S.E.2d 119 (1966)

267 N.C. 276

FIRST NATIONAL BANK OF NEVADA, Executor under the Will of Pearl K. Wells, Planters National Bank & Trust Company and Lillian Kent Dickens, Ancillary Administrators of the Estate of Pearl K. Wells, v. Redmond S. WELLS.

Supreme Court of North Carolina.

May 11, 1966.

Attorney(s) appearing for the Case

Joyner & Howison, W. T. Joyner, Jr., Raleigh, Battle, Winslow, Merrell, Scott & Wiley, Rocky Mount, for plaintiffs, appellees.

Poyner, Geraghty, Hartsfield & Townsend and Arch E. Lynch, Jr., Raleigh, for defendant, appellant.

EMERY B. DENNY, Emergency Justice.

The determinative question posed on this appeal would seem to be simply this: Is the devise of real property under a general power of appointment which is included in the gross estate for federal estate tax purposes liable under the law for payment of a pro rata part of the federal estate tax where the will of the devisor contains no express direction regarding the ultimate burden with respect to the payment of such tax?

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