REDD v. TAYLOR

No. 286.

153 S.E.2d 761 (1967)

270 N.C. 14

Warren REDD, Jane Redd and Charles J. Henderson, Co-Executors of the Estate of Bessie Flowe Redd, Deceased, Plaintiffs, v. Theodocia TAYLOR, Queens College, Incorporated, a Corporation, Barium Springs Home for Children, Inc., a corporation, Dolphus Orr, Jr., Division of World Missions of the Board of Missions of the Methodist Church, a Corporation, Board of World Missions of the Presbyterian Church in the United States, a Corporation, Jack N. Norwood, One of a class composing all of the next of kin and heirs at law of Bessie Flowe Redd, Deceased, James H. Carson, Jr., Guardian ad litem for any person, persons, firms, or corporations formed or unformed, designated or making any claims to the estate of Bessie Flowe Redd, Deceased, under the name "World Missions", Lloyd F. Baucom, Guardian ad litem of any unknown or unborn heirs at law, or minors, or any unknown person or persons non compos mentis, or imprisoned, or residing outside the State of North Carolina, or otherwise under legal disability, claiming as next of kin and heirs at law of Bessie Flowe Redd, Deceased, Original Defendants, and Warren Redd and Jane Redd, Additional Defendants.

Supreme Court of North Carolina.

April 12, 1967.


Attorney(s) appearing for the Case

Ray Rankin and Henry E. Fisher, Charlotte, for Jack N. Norwood, defendant appellant.

Lloyd F. Baucom, Charlotte, Guardian ad litem, defendant appellant.

Boyle, Alexander & Carmichael, Charlotte, for Warren Redd and Jane Redd, additional defendant appellants.

Helms, Mulliss, McMillan & Johnston, Charlotte, for Board of World Missions of the Presbyterian Church in the United States, defendant appellee.

Ervin, Horack, Snepp & McCartha, Charlotte, for Queens College, Inc., defendant appellee.

W. R. Pope, Mooresville, for Barium Springs Home for Children, Inc., defendant appellee.


SHARP, Justice.

Appellants Jack N. Norwood, as the representative of the heirs at law of Mrs. Redd, and Lloyd F. Baucom, guardian ad litem for her unknown heirs, contend that both the devise to Warren and Jane Redd and the gift to World Missions are void "for indefiniteness and ambiguity"; that parol evidence is inadmissible to effect identification; and that these purported gifts pass as undevised property to Mrs. Redd's heirs at law. Appellants Warren and...

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