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WHITE v. ALEXANDER

No. 74.

224 S.E.2d 617 (1976)

290 N.C. 75

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

Supreme Court of North Carolina.

May 14, 1976.

Attorney(s) appearing for the Case

Adams, Hendon & Carson, P.A., by James Gary Rowe, Asheville, for plaintiffs-appellants.

Paul Young, Swannanoa, and Morris, Golding, Blue & Phillips by James F. Blue III, Asheville, for defendant-appellee Billy Roy Alexander.

EXUM, Justice.

The Court of Appeals erred insofar as it decided that the testatrix's son, Sam, was to share in the estate devised ultimately "to my heirs," a class which it properly held under this will should be fixed and identified at testatrix's death.

In construing this will we are well reminded that:

"The epigram of Sir William Jones over 250 years ago `no will has a brother' has been often quoted by the courts. (Citations omitted.) Two wills...

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