HOWELL v. GENTRY

No. 7028SC169.

174 S.E.2d 61 (1970)

8 N.C. App. 145

James S. HOWELL, Executor of the Estate of Harvey McDaris, Deceased, and Helen McDaris v. Gerald Warren GENTRY.

Court of Appeals of North Carolina.

May 27, 1970.


Attorney(s) appearing for the Case

Bennett, Kelly & Long, by E. Glenn Kelly, Asheville, for plaintiffs appellees.

Peter L. Roda, Asheville, for defendant appellant.


MORRIS, Judge.

The only question to be determined in this case is whether Helen McDaris takes a fee simple interest, excluding Gerald Warren Gentry, or merely a life estate in the property, passing under the terms of the will, with Gerald Warren Gentry taking a fee simple as remainderman. It is axiomatic that the ultimate construction of a will must be founded on what the court believes the testator's intent to have been at the time the will was written. There are...

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