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OLIVE v. BIGGS

No. 31.

173 S.E.2d 301 (1970)

276 N.C. 445

Robert M. OLIVE, Sr., Individually and as Executor of the Estate of Ruth Sedberry Olive, Deceased v. George BIGGS, et al.

Supreme Court of North Carolina.

April 15, 1970.

Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland & Raper, Fayetteville, for plaintiff-appellee.

Quillin, Russ, Worth & McLeod, Fayetteville, for defendants-appellants.

LAKE, Justice.

The document before us for construction is what is called a joint will. Ginn v. Edmundson, 173 N.C. 85, 91 S.E. 696; Atkinson on Wills, 2d ed., § 49; 57 Am. Jur., Wills, § 681. In order to determine its effect upon the present right of the surviving husband to convey an unencumbered fee simple estate in (a) land owned by the wife alone at the time of her death, (b) land then owned by them as tenants by the entireties, and (c) land owned, at...

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