SHERROD v. ANY CHILD OR CHILDREN HEREAFTER BORN TO WATSON N. SHERROD

No. 827SC1133.

308 S.E.2d 904 (1983)

Watson N. SHERROD, Jr., individually, May Holton Sherrod, wife of Watson N. Sherrod, Jr.; Watson N. Sherrod, Jr., in his capacity as Executor of the Estate of Watson N. Sherrod, Sr.; Watson N. Sherrod, Jr., in his capacity as Trustee Under Item Four of the Last Will and Testament of Watson N. Sherrod, Sr.; May McLaughlin Sherrod, an unmarried adult; Elizabeth Llewellyn Sherrod, an unmarried adult; and William Llewellyn Sherrod, an unmarried minor, acting by and through John P. Morris, his duly appointed guardian ad litem v. ANY CHILD OR CHILDREN HEREAFTER BORN TO WATSON N. SHERROD, JR. and any Child or Children, Born or Unborn, or Known or Unknown who may Hereafter be Adopted by Watson N. Sherrod, Jr.; Roy A. Cooper, Jr., guardian ad litem of any child or children hereafter born to Watson N. Sherrod, Jr.; and Stephen M. Valentine (now Franklin L. Adams, Jr.), guardian of any child or children, born or unborn, or known or unknown who may hereafter be adopted by Watson N. Sherrod, Jr.

Court of Appeals of North Carolina.

December 6, 1983.


Attorney(s) appearing for the Case

John E. Davenport, Nashville, for plaintiffs-appellants.

Valentine, Adams & Lamar by Franklin L. Adams, Jr., Nashville, for Franklin L. Adams, Jr., Guardian Ad Litem for any child or children hereafter adopted by Watson N. Sherrod, Jr., defendant-appellant.

Fields, Cooper & Henderson by Leon Henderson, Jr., Nashville, for Roy A. Cooper, Jr., Guardian Ad Litem for any child or children hereafter born to Watson N. Sherrod, Jr., defendant-appellee and cross-appellant.


WHICHARD, Judge.

I.

Plaintiffs brought this declaratory judgment action to interpret Item Four of the Last Will and Testament of Watson N. Sherrod, Sr., which provides:

I will and bequeath to my granddaughters May McLaughtin [sic] Sherrod and Elizabeth Llewellyn Sherrod and any unborn children of my son, Watson N. Sherrod, Jr. my farm located in Nash County, N.C. and known as the Hunter Farm, share and share alike. This bequest to be handled by...

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