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JONES v. GOOCH

No. 779SC283.

243 S.E.2d 410 (1978)

Florence JONES, Viola J. Williford, Collie R. Jones and wife Elsie C. Jones; Norman S. Jones, Jr. and wife Jean B. Jones, and Edwin H. Jones and wife Dorothy D. Jones, Petitioners, v. Nola J. GOOCH, Mamie J. Hicks, Robert L. Jones and wife Lecter C. Jones, Bertha J. Davis and husband John W. Davis, David Mark Jones, Frances J. Havens and husband Harry F. Havens, Bootsie Dean and wife Janie P. Dean, Audrey D. Dean and husband Alton Dean, John Clark and wife Grace Clark, Helen C. Hobgood and husband Jimmie Hobgood, Lucille C. Perry, and husband D. G. Perry, Patsy C. Webster and husband Clyde Webster, Jones Clark and wife Alma Clark, J. C. Clark and wife Dorothy Clark, and Robert L. Clark, Respondents.

Court of Appeals of North Carolina.

May 2, 1978.

Attorney(s) appearing for the Case

Zollicoffer & Zollicoffer by Robert K. Catherwood, Henderson, for petitioners-appellees.

Royster & Royster by John H. Pike, Oxford, for respondents-appellants.

VAUGHN, Judge.

The principles that are supposed to guide the courts in the interpretation of wills are frequently and easily recited. Their application to particular cases presents a more difficult test. We have no reason to disagree with the trial judge's conclusions as to what the testator intended, even though it appears that testator was ambiguous in dealing with the contingency of having an unmarried daughter survive...

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