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WELCH v. SCHMIDT

No. 8229SC540.

302 S.E.2d 10 (1983)

Gracie Schmidt WELCH, Executrix of the Estate of William H. Schmidt, Deceased v. William H. SCHMIDT, Jr.

Court of Appeals of North Carolina.

May 3, 1983.

Attorney(s) appearing for the Case

Averette & Barton by Donald H. Barton, Brevard, for petitioner-appellee.

Ramsey, Smart, Ramsey, & Hunt, P.A. by Michael K. Pratt, Brevard, for respondent-appellant.

WHICHARD, Judge.

Respondent assigns error to the finding that the intent of the testator, as disclosed by Items Four and Seven of the will and Item Seven of the codicil, was to provide for the distribution of his estate if (1) his wife predeceased him, (2) her death occurred within thirty days of his, or (3) he and his wife died in a common accident. He argues that Item Seven would apply only if the testator and his wife...

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