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BURCH v. SUTTON

No. 371.

145 S.E.2d 849 (1966)

266 N.C. 333

Shirley BURCH v. Glennie Belle SUTTON, Shelby Ann Daughtry and husband, Elbert Daughtry, Dorothy Mae Bowden and husband, Robert Bowden, Shirley Fay Carter and husband, Ray Carter, Bobbie Whitfield Sutton and wife, Ruby Sutton.

Supreme Court of North Carolina.

January 14, 1966.

Attorney(s) appearing for the Case

Langston & Langston and Herbert B. Hulse, Goldsboro, for plaintiff appellee.

Sasser & Duke and J. Thomas Brown, Jr., Goldsboro, for defendant appellants.

BOBBITT, Justice.

The doctrine of equitable election is in derogation of the property right of the true owner. Hence, the intention to put a beneficiary to an election must appear plainly from the terms of the will. Lamb v. Lamb, 226 N.C. 662, 40 S.E.2d 29; Commercial National Bank of Charlotte v. Misenheimer, 211 N.C. 519, 191 S.E. 14; Rich v. Morisey, 149 N.C. 37, 62 S.E. 762; Walston v. Atlantic Christian College, 258 N.C. 130, ...

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