STONEY v. MacDOUGALL

No. 7525SC523.

220 S.E.2d 368 (1975)

28 N.C. App. 178

Mary Kistler STONEY et al. v. Roderick M. MacDOUGALL, Trustee under the Will of Charles E. Kistler, et al.

Court of Appeals of North Carolina.

Certiorari Denied February 3, 1976.


Attorney(s) appearing for the Case

Hudson, Petree, Stockton, Stockton & Robinson by H. G. Hudson, Winston-Salem, for plaintiff-appellees.

Everett, Everett, Creech & Craven by James B. Craven, III, Durham, for defendant-appellees.

Simpson, Martin, Baker & Aycock by Wayne W. Martin, Morganton, for defendant-appellants.


Certiorari Denied by Supreme Court February 3, 1976.

MARTIN, Judge.

The question presented by this appeal is whether the court erred in finding as a fact and concluding as a matter of law that the adopted children of Andrew M. Kistler, II, and their issue, are and will be issue of Charles E. Kistler under Article Ten, Paragraph 2(h) of the will of Charles E. Kistler, and, as such issue, whether they have the rights of beneficiaries under the said will in the...

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