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LAMBETH v. FOWLER

No. 7622SC923.

235 S.E.2d 914 (1977)

Lillian B. LAMBETH v. Janet L. FOWLER, Successor Executrix of C. R. Lambeth, Janet L. Fowler, Individually, and husband, Donald S. Fowler, Gerald Lambeth, and wife, Juanita B. Lambeth.

Court of Appeals of North Carolina.

July 6, 1977.

Attorney(s) appearing for the Case

Walser, Brinkley, Walser & McGirt by Walter B. Brinkley, Lexington, for plaintiff-appellant-appellee.

Wilson & Biesecker by Joe E. Biesecker, Lexington, for defendants-appellants-appellees.

CLARK, Judge.

The first issue upon appeal is whether plaintiff was required by the will to make an election.

An election is required only if the will discloses that it was the testator's manifest purpose to put the beneficiary to an election. Bank v. Barbee, 260 N.C. 106, 131 S.E.2d 666 (1963). "The doctrine of equitable election is in derogation of the property right of the true owner...

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