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COBURN v. GAYLORD

No. 732SC505.

197 S.E.2d 905 (1973)

19 N.C. App. 104

D. D. COBURN et al. v. Billy G. GAYLORD et al.

Court of Appeals of North Carolina.

July 25, 1973.

Attorney(s) appearing for the Case

Edgar J. Gurganus, Williamston, for plaintiff appellants.

Bailey & Cockrell by Arthur E. Cockrell, Plymouth, Spruill, Trotter & Lane by Robert K. Smith, Rocky Mount, attorneys for defendant appellees.

VAUGHN, Judge.

Plaintiffs argue that testator intended to give a life estate to one of his children, E. H. Gaylord, and the remainder to his other three children, thereby excluding E. H. Gaylord. Judge Cowper held, in effect, that testator devised a life estate to E. H. Gaylord and the remainder to all of his children, including E. H. Gaylord. Judge Cowper was correct. Testator devised the remainder after the life estate to "all of my children...

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