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ROBERTS v. NORTHWESTERN BANK

No. 443.

156 S.E.2d 229 (1967)

271 N.C. 292

Landon ROBERTS, Executor of the Estate of Emorie D. Edwards, Deceased, Eleanor Edwards Colby and Robert Doughton Edwards v. NORTHWESTERN BANK, Trustee under the Will of Robert L. Doughton, Deceased.

Supreme Court of North Carolina.

August 25, 1967.

Attorney(s) appearing for the Case

Meekins & Roberts, Asheville, for plaintiff appellees.

Whicker, Whicker & Vannoy, North Wilkesboro, for defendant appellant.

SHARP, Justice.

The question presented is whether the remainder which testator gave his daughter, Emorie, in the Reba Doughton trust estate and in his homeplace vested in her absolutely at his death or was contingent upon her surviving her sister, Reba, the life tenant. Decision turns upon the proper construction of the following provisions of Articles III and VI of the will:

"Upon the death of my daughter, Reba, the principal and any accumulated income of...

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