MOORE v. HUNTER

No. 7926SC756.

265 S.E.2d 884 (1980)

Edgar Blackburn MOORE and wife, Dorothy Parker Moore v. Charles A. HUNTER; Louise Moore Nelson and husband, Bruce Nelson; Dorothy Moore Cash and husband, Arthur Cash; Margaret Moore Lawrence and husband, William H. Lawrence, III; Richard Hardesty; Pauline H. Hardesty; Charles Triplett Hardesty, Jr. and wife, Elizabeth Malone Hardesty; Robert Hunter Hardesty and wife, Mary Nelson Hardesty; Charles Triplett Hardesty, III and wife, Nell Jane Hardesty; Fairfax Hardesty Montgomery and husband, Ray Duncan Montgomery; Richard Locke Hardesty and wife, Barbara Hardesty; Ann Hardesty Burgin and husband, H. C. Burgin, Jr.; Sandra Hardesty Stein and husband, Jerry Stein; Charles Triplett Hardesty, IV; Wayne Nelson Hardesty; Robin Jane Hardesty; the minor and unborn children of Louise Moore Nelson, Dorothy Moore Cash and Margaret Moore Lawrence, through their guardian ad litem, Parker Whedon; the minor and unborn children and heirs at law of all those claiming under and through Mary Moore Hardesty, through their guardian ad litem, Durant Williams Escott; and all other persons, whose names are unknown, in being or not in being, and who have or may have any interest, present or future, in the estate of Edgar B. Moore, deceased, through their guardian ad litem, William F. Hulse.

Court of Appeals of North Carolina.

May 6, 1980.


Attorney(s) appearing for the Case

Henderson, Henderson & Shuford by David H. Henderson, Charlotte, for plaintiffs-appellees Moore.

Parker Whedon, Charlotte, for defendant-appellee Whedon, guardian ad litem.

Williams, Kratt & Parker by Neil C. Williams, Jr., Charlotte, for defendant-appellant Hunter.

Durant Williams Escott, Charlotte, for defendants-appellants Hardesty Heirs.

William F. Hulse, Charlotte, for defendant-appellant Hulse, guardian ad litem.


HARRY C. MARTIN, Judge.

This appeal presents the question whether plaintiffs can convey to defendant Hunter a good, fee simple, marketable title to the property described in the contract of sale. In order to answer this question, we must interpret the will of E. B. Moore. Although the specific provision in question is Item IV of the will, previously set out, in construing a will we are required to view it from its four corners. Campbell v. Jordan,

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