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WELLS v. DICKENS

No. 277.

162 S.E.2d 552 (1968)

274 N.C. 203

Josie M. WELLS, Guardian of Redmond S. Wells v. Lillian Kent DICKENS; Paul V. Parks, Jr.; and the Planters National Bank & Trust Company and Lillian Kent Dickens, Ancillary and Co-Executors of the Estate of Pearl K. Wells.

Supreme Court of North Carolina.

August 23, 1968.

Attorney(s) appearing for the Case

Poyner, Geraghty, Hartsfield & Townsend, and William R. Allen, III, Raleigh, for plaintiff appellant.

Battle, Winslow, Scott & Wiley, and F. E. Winslow, Rocky Mount, for defendants appellees.

SHARP, Justice.

Assuming the truth of plaintiff's allegations, the first question presented by this appeal is: Does the will of testatrix impose upon plaintiff the obligation to choose between a one-third interest in fee in the Cobb Farm and the fee in the onethird undivided interest in the property devised to him in Item 8 of testatrix' will?

The complaint alleges: (1) Wells conveyed the Cobb Farm to testatrix...

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