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ADLER v. FIRST CITIZENS BANK AND TRUST COMPANY

No. 693SC166.

167 S.E.2d 441 (1969)

4 N.C. App. 600

Harold ADLER v. FIRST CITIZENS BANK AND TRUST COMPANY, Executor of the Last Will and Testament of Milton Sidney Adler, Wolfe Thomas Adler, minor, Judith Rachael Adler, minor, and Otho L. Graham, Guardian Ad Litem for Wolfe Thomas Adler and Judith Rachael Adler.

Court of Appeals of North Carolina.

May 28, 1969.

Attorney(s) appearing for the Case

William T. McCuiston, Raleigh, for plaintiff appellant.

Stevens, Burgwin, McGhee & Ryals, by Richard M. Morgan, Wilmington, for First-Citizens Bank and Trust Co., Executor of the last will of Milton Sidney Adler, deceased, appellee.

Boshamer & Graham, by Otho L. Graham, Morehead City, for Guardian ad litem of Wolfe Thomas Adler, and Judith Rachael Adler, minor defendant appellees.

FRANK M. PARKER, Judge.

The sole question presented by this appeal is whether testator bequeathed his houseboat named "Heaven" to his brother, plaintiff in this action, by Article VI of his will which provides: "I give and bequeath all the rest and residue of my personal effects, (exclusive of automobiles) including jewelry, clothing, household furniture and any china, silver and crystal not desired by my two first cousins, unto my brother, Harold Adler, if he is...

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