DAVIS v. DAVIS

No. 688SC321.

165 S.E.2d 553 (1969)

3 N.C. App. 536

James Percy DAVIS et al. v. Rexford DAVIS and Ronnie Davis, minors, without general or testamentary guardian in this State; Wachovia Bank & Trust Company, Executor of the Estate of Elizabeth Barnes Miller, Deceased, and The Primitive Baptist Church of Orlando, Florida; Myrtle Davis and Dorothy Davis.

Court of Appeals of North Carolina.

February 5, 1969.


Attorney(s) appearing for the Case

Sasser, Duke & Brown by J. Thomas Brown, Jr., Goldsboro, for plaintiff appellants.

Braswell & Strickland by David M. Rouse, Goldsboro, for Rexford Davis and Ronnie Davis, minor defendants who join appellants.

Taylor, Allen, Warren & Kerr by W. R. Taylor, Goldsboro, for defendant appellees.


MORRIS, Judge.

The will of John A. Barnes is clear and unambiguous. There is a devise to Lizzie Barnes for life, remainder to her children or grandchildren; and, if she should die leaving no child or issue of such, then to Christian Davis and Melissa Aycock. There is no controversy as to the type of remainder held by Christian Davis and Melissa Aycock; it is agreed that they held a contingent remainder. However, the appellants argue that Christian Davis, prior to...

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