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HOUCH v. STEPHENS

No. 7525SC266.

216 S.E.2d 490 (1975)

26 N.C. App. 608

William J. HOUCH, Administrator, C.T.A., under the Will of Emma J. Stephens, et al., Petitioners, v. Patrick STEPHENS et al., Respondents.

Court of Appeals of North Carolina.

July 16, 1975.

Attorney(s) appearing for the Case

J. Carroll Abernethy, Jr., Hickory, for petitioner-appellee William J. Houck.

Richard A. Williams, Newton, for respondent-appellant Patrick Stephens.

Steve A. Austin, Hickory, for respondent-appellee Thomas Stephens.

MARTIN, Judge.

Appellant Patrick Stephens is dissatisfied with the trial judge's construction of the deed. He first takes the position that the language "to Emer J. Stephens and her children after her" conveys to Emma J. Stephens a life estate with a contingent remainder to her children so that only those children who can answer the roll upon the death of Emma Stephens acquire any interest in the lands. This is so, he argues...

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