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McBRYDE v. FEREBEE

No. 7911SC836.

264 S.E.2d 129 (1980)

46 N.C. App. 116

Helen G. McBRYDE, Administratrix of the Estate of Nell I. Stewart v. Sina I. FEREBEE, Widow; Julia I. Smith, Widow; Ludie I. Baysden, Widow; Church Ipock; Louis I. Ipock; W. A. Ipock; Vernice Fulcher; Pat Wilson; Bonnie Brinkley; Riley O. Godley; James Arthur Ipock, Widower.

Court of Appeals of North Carolina.

April 1, 1980.

Attorney(s) appearing for the Case

Staton, Betts, Perkinson & West by William W. Staton and Stanley W. West, Sanford, and Henderson & Baxter by David S. Henderson, New Bern, for plaintiff-appellee.

Love & Wicker by Jimmy L. Love, Sanford, for defendants-appellants.

WEBB, Judge.

We hold that the will of Nell I. Stewart is not ambiguous and that Helen G. McBryde and Riley O. Godley take under the will only in the event of certain contingencies which did not occur. As we read Item Three of the will, in order for Helen G. McBryde and Riley O. Godley to take under the will, J. L. Stewart and Nell I. Stewart must have been killed or suffered death in one of the ways contemplated by the Uniform Simultaneous Death Act, G.S. 28-161.1...

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