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FORESTER v. MARLER

No. 7624SC242.

228 S.E.2d 646 (1976)

31 N.C. App. 84

Eva FORESTER v. Zella Freeman MARLER et al.

Court of Appeals of North Carolina.

October 6, 1976.

Attorney(s) appearing for the Case

McGuire, Wood, Erwin & Crow by William F. Wolcott, III, and Larry E. Davis, Asheville, for petitioner-appellee.

Ronald W. Howell, Marshall, for respondents-appellants.

Barden & Ruff, Asheville, for Stephen L. Barden, III, Guardian ad Litem for the unknown heirs of Jack Freeman and all unborn persons related to Jack Freeman.

Adams, Hendon & Carson, P. A., Asheville, for James Gary Rowe, Guardian ad Litem for the unknown heirs of Elmer R. Freeman and all unborn persons related to Elmer R. Freeman.

PARKER, Judge.

The devolution of a lapsed devise or legacy is controlled by G.S. 31-42. Subsection (c) of that statute provides that where a devise or legacy lapses, it shall pass under the applicable residuary clause or, if there be none, then as if the testator had died intestate with respect thereto, "if a contrary intent is not indicated by the will." We agree with the trial court's conclusion that a contrary intent is not indicated by the will of Elmer R. Freeman...

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