POWERS v. FALES

No. 8216SC304.

301 S.E.2d 123 (1983)

Matthew F. POWERS and Rachel P. Reese, Individually, and as co-Executors of the Estate of Fannie B. Powers, Petitioners, v. Louis P. FALES, Kathleen P. Cox, Frances P. Munse, Judith P. Perry, A.M. Powers, Jr., Mable P. Prevatte, Ollin Powers, Thomas Powers and James Powers, Respondents.

Court of Appeals of North Carolina.

April 5, 1983.


Attorney(s) appearing for the Case

John Wishart Campbell, Lumberton, for respondents-appellants.

I. Murchison Biggs, P.A. by I. Murchison Biggs, Lumberton, for petitioners-appellees.


BECTON, Judge.

I

Procedurally, this case is complicated by the fact that Fannie B. Powers, who had been granted only a life estate in the real property of Avery M. Powers, sought in her Last Will and Testament, to influence the disposition of the real property following her death. Relevant portions of Item V of Fannie Powers' will read:

Although the land which I now possess is mine only for the term of my natural life and I am unable to say which...

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