WHITE v. ALEXANDER

No. 7428SC835.

209 S.E.2d 876 (1974)

24 N.C. App. 23

Samuel WHITE et al. v. Billy Roy ALEXANDER and Iva White.

Court of Appeals of North Carolina.

November 25, 1974.


Attorney(s) appearing for the Case

Adams, Hendon & Carson, P. A., by James Gary Rowe and George Ward Hendon, Asheville, for plaintiff appellants.

Morris, Golding, Blue & Phillips, by James F. Blue, III, Asheville, for defendant appellee Billy Roy Alexander.


BALEY, Judge.

The question for decision in this appeal is whether the heirs of the testatrix are to be determined at the date of the death of the testatrix, Harriet Stokes, or at the date of death of the holder of the intervening life estate, her son Samuel Stokes. We are of the opinion that the roll must be called at the date of the testatrix's death and, therefore, affirm the judgment entered by the trial court.

In the absence of a contrary intention clearly...

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